Bill Text: GA HB1168 | 2009-2010 | Regular Session | Introduced
Bill Title: State government; pari-mutuel wagering or betting on horse racing; provisions
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-02-17 - House Second Readers [HB1168 Detail]
Download: Georgia-2009-HB1168-Introduced.html
10 LC 28
5078
House
Bill 1168
By:
Representatives Geisinger of the
48th,
Lindsey of the
54th,
McCall of the
30th,
Levitas of the
82nd,
Kidd of the
141st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 50 of the Official Code of Georgia Annotated, relating to state
government, so as to provide for pari-mutuel wagering or betting on horse racing
in this state; to provide for the comprehensive regulation of such activities;
to provide for legislative intent; to provide for definitions; to provide for
the establishment of the Georgia Racing Commission; to provide for the
membership, terms of office, filling of vacancies, qualifications, duties, and
responsibilities of the members of such commission; to provide for the legal
representation of such commission; to provide for commission staff and
employees; to provide for funding; to provide for certain background
investigations; to establish and provide for the Georgia Breeders Fund; to
provide for certain appeals and injunctions; to provide for certain licenses and
permits; to provide for local referenda on the establishment of pari-mutuel
wagering or betting facilities within a county or municipality; to provide for
certain taxes, retainage, and distributions of portions of the pari-mutuel
pools; to provide for audits; to enter into the Live Horseracing Compact; to
provide for the appointment of members of the Compact Committee; to prohibit
certain conduct and provide for penalties; to provide for related matters; to
provide a contingent effective date and for repeal under certain circumstances;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by adding a new chapter to read as follows:
"CHAPTER
37
Article 1
Article 1
50-37-1.
(a)
Horse racing with pari-mutuel wagering as licensed herein shall be permitted in
the State of Georgia for the promotion, sustenance, and growth of the equine
industry, in a manner consistent with the health, safety, and welfare of the
people. The Georgia Racing Commission is vested with control of all horse
racing with pari-mutuel wagering in the State of Georgia, with plenary power to
prescribe regulations and conditions under which such racing and wagering shall
be conducted, so as to maintain horse racing in this state of the highest
quality and free of any corrupt, incompetent, dishonest, or unprincipled
practices and to maintain in such racing complete honesty and integrity. The
Georgia Racing Commission shall encourage participation by local individuals and
businesses in those activities associated with horse racing.
(b)
The conduct of any horse racing with pari-mutuel wagering participation in such
racing or wagering and entrance to any place where such racing or wagering is
conducted is a privilege which may be granted or denied by the commission or its
duly authorized representatives in its discretion in order to effectuate the
purposes set forth in this chapter.
(c)
The award of any prize money for any pari-mutuel wager placed at a racetrack or
satellite facility licensed by the commission shall not be deemed to be a
violation of Article 2 of Chapter 12 of Title 16.
50-37-2.
Unless
another meaning is required by the context, as used in this chapter, the
term:
(1)
'Advance deposit account wagering' means a method of pari-mutuel wagering
conducted in this state that is permissible under the federal Interstate
Horseracing Act, Section 3001, et seq. of Chapter 57 of Title 15 of the
United States Code, and in which an individual may establish an account with an
entity, licensed by the commission, to place pari-mutuel wagers in person or
electronically.
(2)
'Breakage' means the odd cents by which the amount payable on each dollar
wagered exceeds a multiple of $0.10.
(3)
'Commission' means the Georgia Racing Commission.
(4)
'Dependent' means a son, daughter, father, mother, brother, sister, or other
person, whether or not related by blood or marriage, if such person receives
from an officer or employee more than one-half of his or her financial
support.
(5)
'Drug' means:
(A)
Articles or substances recognized in the official United States Pharmacopoeia
National Formulary or official Homeopathic Pharmacopoeia of the United States,
or any supplement to any of them;
(B)
Articles or substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals;
(C)
Articles or substances, other than food, intended to affect the structure or any
function of the body of man or animals; or
(D)
Articles or substances intended for use as a component of any article specified
in subparagraphs (A), (B), or (C) of this paragraph.
Such
term shall not include devices or their components, parts, or accessories. The
commission shall by regulation define and designate those drugs the use of which
are prohibited or restricted.
(6)
'Enclosure' means all areas of the property of a track to which admission can be
obtained only by payment of an admission fee or upon presentation of authorized
credentials, and any additional areas designated by the commission.
(7)
'Georgia Breeders Fund' means the fund established to foster the industry of
breeding race horses in the State of Georgia.
(8)
'Handle' means the total amount of all pari-mutuel wagering sales excluding
refunds and cancellations.
(9)
'Horse racing' means a competition on a set course involving a race between
horses on which pari-mutuel wagering is permitted.
(10)
'Immediate family' means a spouse and any other person residing in the same
household as an officer or employee, who is a dependent of the officer or
employee or of whom the officer or employee is a dependent.
(11)
'Licensee' includes any person holding an owner's, operator's, or limited
license under Code Sections 50-37-13 through 50-37-25. The licensee under a
limited license shall not be deemed an owner for the purposes of owning or
operating a satellite facility.
(12)
'Member' includes any person designated a member of a nonstock corporation, and
any person who by means of a pecuniary or other interest in such corporation
exercises the power of a member.
(13)
'Pari-mutuel wagering' means the system of wagering on horse races in which
those who wager on horses that finish in the position or positions for which
wagers are taken share in the total amounts wagered, plus any amounts provided
by an unlimited licensee, less deductions required or permitted by law and
includes pari-mutuel wagering on simulcast horse racing originating within the
State of Georgia or from any other jurisdiction.
(14)
'Participant' means any person who:
(A)
Has an ownership interest in any horse entered to race in the state or who acts
as the trainer, jockey, or driver of any horse entered to race in the state;
or
(B)
Takes part in any horse racing subject to the jurisdiction of the commission or
in the conduct of a race meeting or pari-mutuel wagering there, including, but
not limited to, a horse owner, trainer, jockey or driver, groom, stable foreman,
valet, veterinarian, agent, pari-mutuel employee, concessionaire or employee
thereof, track employee, or other position the commission deems necessary to
regulate to ensure the integrity of horse racing in Georgia.
(15)
'Permit holder' includes any person holding a permit to participate in any horse
racing subject to the jurisdiction of the commission or in the conduct of a race
meeting or pari-mutuel wagering thereon as provided in Code Section
50-37-26.
(16)
'Person' means any individual, group of individuals, firm, company, corporation,
partnership, business, trust, association, or other legal entity.
(17)
'Pool' means the amount wagered during a race meeting or during a specified
period thereof.
(18)
'Principal stockholder' means any person who individually or in concert with his
or her spouse and immediate family members, beneficially owns or controls,
directly or indirectly, 5 percent or more of the stock of any person which is a
licensee, or who in concert with his or her spouse and immediate family members,
has the power to vote or cause the vote of 5 percent or more of any such stock.
However, such term shall not include a broker-dealer registered under the
federal Securities Exchange Act of 1934, as amended, which holds in inventory
shares for sale on the financial markets for a publicly traded corporation
holding, directly or indirectly, a license from the commission.
(19)
'Race meeting' means the whole consecutive period of time during which horse
racing with pari-mutuel wagering is conducted by a licensee.
(20)
'Racetrack' means an outdoor course located in the State of Georgia which is
laid out for horse racing and is licensed by the commission.
(21)
'Retainage' means the total amount deducted from the pari-mutuel wagering pool
for a license fee to the commission and other jurisdictions, the unlimited
license, purse money for the participants, the Georgia Breeders Fund, and
certain enumerated organizations as required or permitted by law, rule or
regulation, or contract approved by the commission.
(22)
'Satellite facility' means all areas of the property at which simulcast horse
racing is received for the purposes of pari-mutuel wagering, and any additional
areas designated by the commission.
(23)
'Simulcast horse racing' means the simultaneous transmission of the audio or
video portion, or both, of horse races from a licensed horse racetrack or
satellite facility to another licensed horse racetrack or satellite facility,
regardless of state of licensure, whether such races originate within the State
of Georgia or any other jurisdiction, by satellite communication devices,
television cables, telephone lines, or any other means for the purposes of
conducting pari-mutuel wagering.
(24)
'Steward' means a racing official, duly appointed by the commission, with powers
and duties prescribed by commission regulations.
(25)
'Stock' includes all classes of stock, partnership interest, membership
interest, or similar ownership interest of an applicant or licensee, and any
debt or other obligation of such person or an affiliated person if the
commission finds that the holder of such interest or stock derives therefrom
such control of or voice in the operation of the applicant or licensee that he
or she should be deemed an owner of stock.
50-37-3.
(a)
The Georgia Racing Commission is hereby created. The commission shall consist
of nine members appointed by the Governor and confirmed by a majority of those
elected to each house of the General Assembly at the next regular session
following any such appointment. Each commissioner shall have been a resident of
the State of Georgia for a period of at least three years next preceding his or
her appointment and his or her continued residency shall be a condition of his
or her tenure in office. The initial appointments shall be as follows: one
commissioner for a term of one year, two commissioners for a term of two years,
two commissioners for a term of three years, two commissioners for a term of
four years, and two commissioners for a term of five years. Thereafter, all
appointments shall be for terms of five years. Vacancies in the commission
shall be filled for the unexpired term in the manner provided for original
appointments. Each commissioner shall be eligible for reappointment for a
second consecutive term at the discretion of the Governor. Persons who are
first appointed to initial terms of less than five years shall thereafter be
eligible for reappointment to two consecutive terms of five years each. The
commission shall elect its chairperson. No member of the General Assembly while
serving as a member shall be eligible for appointment to the
commission.
(b)
Each member of the commission shall receive the same daily expense allowance as
members of the General Assembly as provided in subsection (b) of Code Section
45-7-21 for each day or part thereof spent in the performance of his or her
duties and in addition shall be reimbursed for reasonable expenses incurred
therein.
(c)
The members of the commission shall serve at the pleasure of the
Governor.
(d)
The commission shall establish and maintain a general business office within the
State of Georgia for the transaction of its business at a place to be determined
by the commission. The commission shall meet at such times and places within
the state as it shall determine. A majority of the commissioners shall
constitute a quorum for the convening of a meeting, but the performance of any
duty or the exercise of any power of the commission shall require a majority of
the entire commission.
50-37-4.
The
commission shall be represented in all legal matters by the Attorney
General.
50-37-5.
- No
member or employee of the commission and no spouse or immediate family member of
any such member or employee shall have any financial interest, direct or
indirect, in any horse racetrack, satellite facility, or operation incident
thereto subject to the provisions of this chapter, or in any entity which has
submitted an application for a license under this chapter, or in the operation
of any such track or satellite facility within the State of Georgia, or in the
operation of any wagering authorized under this chapter. No employee of the
commission and no spouse or immediate family member of any such employee shall
participate as owner of a horse or otherwise as a contestant in any race subject
to the jurisdiction of the commission, or have any pecuniary interest in the
purse or prize contested for in any such race. No member of the commission and
no spouse or immediate family member of a commission member shall make any
contribution to a candidate for office or office holders on the local or state
level, or cause a contribution to be made on his or her behalf.
50-37-6.
The
commission shall have all powers and duties necessary to carry out the
provisions of this chapter and to exercise the control of horse racing as set
forth in Code Section 50-37-1. Such powers and duties shall include, but
shall not be limited to, the following:
(1)
The commission is vested with jurisdiction and supervision over all horse racing
licensed under the provisions of this chapter including all persons conducting,
participating in, or attending any race meeting. It shall employ such persons
to be present at race meetings as are necessary to ensure that they are
conducted with order and the highest degree of integrity. It may eject or
exclude from the enclosure or from any part thereof any person, whether or not
he or she possesses a license or permit, whose conduct or reputation is such
that his or her presence may, in the opinion of the commission, reflect on the
honesty and integrity of horse racing or interfere with the orderly conduct of
horse racing.
(2)
The commission, its representatives, and employees shall visit, investigate, and
have free access to the office, track, facilities, satellite facilities, or
other places of business of any license or permit holder, and may compel the
production of any of the books, documents, records, or memoranda of any license
or permit holder for the purpose of satisfying itself that this chapter and its
regulations are strictly complied with. In addition, the commission may require
the production of an annual balance sheet and operating statement of any person
licensed or granted a permit pursuant to the provisions of this chapter and may
require the production of any contract to which such person is or may be a
party.
(3)
The commission shall promulgate rules and regulations and conditions under which
horse racing with pari-mutuel wagering shall be conducted in the State of
Georgia, and all such other regulations it deems necessary and appropriate to
effect the purposes of this chapter, including a requirement that licensees
post, in a conspicuous place in every place where pari-mutuel wagering is
conducted, a sign which bears a toll-free telephone number for 'Gamblers
Anonymous' or other organization which provides assistance to compulsive
gamblers. Nothing in this paragraph shall be deemed to preclude private local
ownership or participation in any horse racetrack. Such regulations may include
penalties for violations. The rules and regulations shall be promulgated
pursuant to the provisions of Chapter 13 of this title, the 'Georgia
Administrative Procedure Act.'
(4)
The commission shall promulgate rules and regulations and conditions under which
simulcast horse racing shall be conducted at a licensed horse racetrack or
satellite facility in the State of Georgia and all such other regulations it
deems necessary and appropriate to effect the purposes of this chapter. Such
regulations shall include provisions that all simulcast horse racing shall
comply with the federal Interstate Horse Racing Act of 1978 (15 U.S.C. Section
3001, et seq.) and shall require the holder of an unlimited license to schedule
not less than 150 live racing days in the State of Georgia each calendar year;
provided, however, that the commission shall have the authority to alter the
required number of live racing days based on what the commission deems to be in
the best interest of the Georgia horse industry. Such regulations shall
authorize up to 20 satellite facilities and restrict majority ownership of
satellite facilities in the State of Georgia. Nothing in this paragraph shall
be deemed to preclude private local ownership or participation in any satellite
facility. Except as authorized pursuant to paragraph (5) of this Code section,
wagering on simulcast horse racing shall take place only at a licensed horse
racetrack or satellite facility.
(5)
The commission shall promulgate rules and regulations and conditions regulating
and controlling advance deposit account wagering. Such regulations shall
include, but shall not be limited to, standards, qualifications, and procedures
for the issuance of a license to any such entity or entities pursuant to Code
Section 50-37-13 to operate pari-mutuel wagering in the State of Georgia;
provisions regarding access to books, records, and memoranda, and submission to
investigations and audits, as authorized by paragraphs (2) and (10) of this Code
section; and provisions regarding the collection of all revenues due to the
State of Georgia from the placing of such wagers. No pari-mutuel wager may be
made on or with any computer owned or leased by the State of Georgia, or any of
its political subdivisions, or at any public elementary or secondary school, or
any public college or university. The commission shall also ensure that, except
for this method of pari-mutuel wagering, all wagering on simulcast horse racing
shall take place only at a licensed horse racetrack or satellite facility.
Notwithstanding the provisions of Code Section 50-37-31, the allocation of
revenue from advance deposit account wagering shall include a licensee fee paid
to the commission; an additional fee equal to 10 percent of all wagers made
within the State of Georgia placed through an advance deposit account wagering
licensee, out of which shall be paid one-half to all unlimited licensees and
one-half to representatives of the recognized majority horsemen groups; and an
additional fee equal to one percent of all wagers made within the State of
Georgia placed through an advance deposit account wagering licensee, which shall
be paid to the Georgia Breeders Fund. Nothing in this paragraph shall be
construed to limit the commission's authority as set forth elsewhere in this
Code section.
(6)
The commission may issue subpoenas for the attendance of witnesses before it,
administer oaths, and compel production of records or other documents and
testimony of such witnesses whenever, in the judgment of the commission, it is
necessary to do so for the effectual discharge of its duties.
(7)
The commission may compel any person holding a license or permit to file with
the commission such data as shall appear to the commission to be necessary for
the performance of its duties including, but not limited to, financial
statements and information relative to stockholders and all others with any
pecuniary interest in such person. It may prescribe the manner in which books
and records of such persons shall be kept.
(8)
The commission may enter into arrangements with any foreign or domestic
government or governmental agency, for the purposes of exchanging information or
performing any other act to better ensure the proper conduct of horse
racing.
(9)
The commission shall report annually on or before January 1 to the Governor and
the General Assembly, which report shall include a financial statement of the
operation of the commission.
(10)
The commission may order such audits, in addition to those required by Code
Section 50-37-33, as it deems necessary and desirable.
(11)
The commission shall upon the receipt of a complaint of an alleged criminal
violation of this chapter immediately report the complaint to the Attorney
General of the State of Georgia for appropriate action.
(12)
The commission shall provide for the withholding of the applicable amount of
state and federal income tax of persons claiming a prize or pay-off for a
winning wager and shall establish the thresholds for such
withholdings.
(13)
The commission and its representatives and employees may, within the enclosure,
stable, or other facility related to the conduct of racing, and during regular
or usual business hours, subject:
(A)
Any permit holder to personal inspections, including alcohol and drug testing
for illegal drugs, inspections of personal property, and inspections of other
property or premises under the control of such permit holder; and
(B)
Any horse eligible to race at a race meeting licensed by the commission to
testing for substances foreign to the natural horse within the racetrack
enclosure or other place where such horse is kept.
Any
item, document, or record indicative of a violation of any provision of this
chapter or commission rules and regulations may be seized as evidence of such
violation. All permit holders shall be deemed to consent to the searches and
seizures authorized by this paragraph, including breath, blood, and urine
sampling for alcohol and illegal drugs, by accepting the permit issued by the
commission. The commission may revoke or suspend the permit of any person who
fails or refuses to comply with this paragraph or any rules and regulations of
the commission.
(14)
The commission shall require the existence of a contract between the licensee
and the recognized majority horseman's group providing for purses and prizes.
Such contract shall be subject to the approval of the commission, which shall
have the power to approve or disapprove any of its items, including, but not
limited to, the provisions regarding purses and prizes. Such contracts shall
provide that on pools generated by wagering on simulcast horse racing from
outside the State of Georgia:
(A)
For the first $75 million of the total pari-mutuel handle for each breed, the
licensee shall deposit funds at the minimum rate of 5 percent in the horsemen's
purse account;
(B)
For any amount in excess of $75 million but less than $150 million of the total
pari-mutuel handle for each breed, the licensee shall deposit funds at the
minimum rate of 6 percent in the horsemen's purse account; and
(C)
For amounts in excess of $150 million for each breed, the licensee shall deposit
funds at the minimum rate of 7 percent in the horsemen's purse
account.
Such
deposits shall be made in the horsemen's purse accounts of the breed that
generated the pools, and such deposits shall be made within five days from the
date on which the licensee receives wagers.
(15)
Notwithstanding the provisions of Code Section 50-37-30, the commission may
grant provisional limited licenses or provisional unlimited licenses to own or
operate racetracks or satellite facilities to an applicant prior to the
applicant securing the approval through the local referendum required by Code
Section 50-37-30. The provisional licenses issued by the commission shall only
become effective upon the approval of the racetrack or satellite wagering
facilities in a referendum conducted pursuant to Code Section 50-37-30 in the
jurisdiction in which the racetrack or satellite wagering facility is to be
located.
50-37-7.
(a)
The commission shall appoint an executive secretary and such other employees as
it deems essential to perform its duties under this chapter, who shall possess
such authority and perform such duties as the commission shall prescribe or
delegate to them. Such employees may include stewards, chemists, veterinarians,
inspectors, accountants, guards, and such other employees deemed by the
commission to be necessary for the supervision and the proper conduct of the
highest standard of horse racing. Such employees shall be compensated as
provided by the commission.
(b)
The executive secretary, in addition to any other duties prescribed by the
commission, shall keep a true and full record of all proceedings of the
commission and preserve at the commission's general office all books, documents,
and papers of the commission. Neither the executive secretary nor the spouse or
any member of the immediate family of the executive secretary shall make any
contributions to a candidate for office or office holder at the local or state
level, or cause such a contribution to be made on his or her
behalf.
(c)
The stewards appointed by the commission shall act as racing officials to
oversee the conduct of horse racing at licensed racetracks and simulcast horse
racing at satellite facilities. The stewards shall enforce the commission's
rules and regulations and the provisions of this chapter and shall have
authority to interpret the commission's regulations and to decide all questions
of racing not specifically covered by the rules and regulations of the
commission. Nothing in this subsection shall limit the authority of the
commission to carry out the provisions of this chapter and to exercise control
of horse racing as set forth in Code Section 50-37-1, including the power to
review all decisions and rulings of the stewards.
50-37-8.
(a)
All moneys and revenues received by the commission under this chapter shall be
placed in a special fund known as the State Racing Operations Fund.
Notwithstanding any other provision of law, interest earned from moneys in the
State Racing Operations Fund shall accrue to the benefit of such
fund.
(b)
The total costs for the operation and administration of the Georgia Racing
Commission shall be funded from the State Racing Operations Fund and shall be in
such amount as provided by the General Assembly in the General Appropriations
Act for each fiscal year.
50-37-9.
(a)
The commission shall fingerprint and require a background investigation to
include a criminal history record information check of the following persons to
be conducted by a representative of a law enforcement agency of the State of
Georgia:
(1)
Every person licensed to hold race meetings within the State of
Georgia;
(2)
Every person who is an officer or director or principal stockholder of a
corporation which holds such a license, and every employee of the holder of any
such license whose duties relate to the horse racing business in
Georgia;
(3)
All security personnel of any license holder;
(4)
Members and employees of the Georgia Racing Commission;
(5)
All permit holders, owners, trainers, jockeys, apprentices, stable employees,
managers, agents, blacksmiths, veterinarians, and employees of any license or
permit holder; and
(6)
Any person who actively participates in the racing activities of any license or
permit holder.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, the
commission may, by rule or regulation, establish a procedure to recognize a
license or permit issued by another state in which horse racing is authorized
when the commission in its discretion determines that the laws or requirements
of the licensing authority for such state governing fingerprinting and
background investigations are substantially the same as required under this
chapter and commission rules and regulations, and that the applicant has not
been convicted of a misdemeanor or felony as provided in subsection (c) of Code
Section 50-37-28 and may waive the requirements for fingerprints and background
investigations for permit holders participating in horse racing in nonsecure
areas or nonracing activities.
50-37-10.
There
is hereby created the Georgia Breeders Fund, which fund, together with the
interest thereon, shall be administered in whole or in part by the commission or
by an entity designated by the commission. The cost of administering and
promoting the fund shall be deducted from the fund, and the balance shall be
disbursed by the commission or designated entity to the breeders of Georgia-bred
horses that win races at race meetings designated by the commission, to the
owners of Georgia sires of Georgia-bred horses that win races at race meetings
designated by the commission, to the owners of Georgia-bred horses that win or
earn purse money in nonrestricted races at racetracks in Georgia licensed by the
commission, to the owners of Georgia-bred horses that win races at race meetings
designated by the commission and for purses for races restricted to Georgia-bred
or Georgia-sired horses, or both, at race meetings designated by the commission.
To assist it in establishing this awards and incentive program to foster the
industry of breeding racehorses in Georgia, the commission shall appoint an
advisory committee composed of two members from each of the registered breed
associations representing each breed of horse participating in the fund program,
one member representing the owners and operators of racetracks.
50-37-11.
Any
person aggrieved by a refusal of the commission to issue any license or permit,
the suspension or revocation of a license or permit, the imposition of a fine,
or any other action of the commission, may seek review of such action in
accordance with Chapter 13 of this title for contested cases.
50-37-12.
Whenever
it appears to the commission that any person has violated or may violate any
provision of this chapter or any regulation or final decision of the commission,
it may apply to the appropriate superior court for an injunction against such
person. The order granting or refusing such injunction shall be subject to
appeal as in other cases in equity.
50-37-13.
(a)
No person shall construct, establish, or own a horse racetrack or satellite
facility where pari-mutuel wagering is permitted, unless he or she has obtained
a racetrack owner's or satellite facility owner's license issued by the
commission in accordance with the provisions of this chapter, as
appropriate.
(b)
No person shall operate pari-mutuel wagering or conduct any race meeting at
which wagering is permitted with his or her knowledge or acquiescence, unless he
or she has obtained a racetrack operator's license or a satellite facility
operator's license issued by the commission in accordance with the provisions of
this chapter, as appropriate.
(c)
No person to whom a racetrack owner's license or a satellite facility owner's
license or a racetrack operator's license or satellite facility operator's
license has been issued nor any officer, director, partner, or spouse or
immediate family member thereof shall make any contribution to any candidate for
public office or public office holder at the local or state level.
(d)
No license issued under the provisions of this chapter shall be
transferable.
50-37-14.
(a)
Notwithstanding the provisions of Code Section 50-37-13 or 50-37-16 but subject
to such rules and regulations and criteria as it may prescribe, the commission
is authorized to issue limited licenses, provided that such licenses shall
permit any holder to conduct a race meeting or meetings for a period not to
exceed fourteen days in any calendar year.
(b)
The commission may at any time, in its discretion, authorize any organization or
association licensed under this Code section to transfer its race meeting or
meetings from its own track or place for holding races, to the track or place
for holding races of any other organization or association licensed under this
chapter upon the payment of any and all appropriate license fees. No such
authority to transfer shall be granted without the express consent of the
organization or association owning or leasing the track to which such transfer
is made.
(c)
For any such meeting, the licensee shall retain and pay from the pool the tax as
provided in Code Section 50-37-31.
(d)
No person to whom a limited license has been issued nor any officer, director,
partner, or spouse or immediate family member thereof shall make any
contribution to any candidate for public office or public office holder at the
local or state level.
50-37-15.
(a)
Any person desiring to construct or own a horse racetrack or satellite facility
where pari-mutuel wagering is permitted shall file with the commission an
application for a racetrack owner's license or satellite facility owner's
license, as appropriate. Such application shall be filed at the time and place
prescribed by the commission, and shall be in such form and contain such
information as prescribed by the commission, including, but not limited to, the
following:
(1)
The name and address of such person; if a corporation, the state of its
incorporation, the full name and address of each officer and director thereof,
and, if a foreign corporation, whether it is qualified to do business in this
state; if a partnership or joint venture, the name and address of each officer
thereof;
(2)
The name and address of each stockholder or member of such corporation, or each
partner of such partnership or joint venture, and of each person who has
contracted for a pecuniary interest in the applicant or the enclosure where race
meetings or pari-mutuel wagering will be conducted, whether such interest is an
ownership or a security interest, and the nature and value of such interest, and
the name and address of each person who has agreed to lend money to the
applicant;
(3)
Such information as the commission deems appropriate regarding the character,
background, and responsibility of the applicant and the members, partners,
stockholders, officers, and directors of the applicant;
(4)
The location and description of the racetrack, place, or enclosure where such
person proposes to hold such meetings or wagering, including the name of any
county or municipality in which any property of such track or satellite facility
is or will be located. The commission shall require such information about the
enclosure and location of such track as it deems necessary and appropriate to
determine whether it complies with the minimum standards provided in this
chapter, and whether the conduct of a race meeting or pari-mutuel wagering at
such location would be in the best interests of the people of the State of
Georgia;
(5)
Such information relating to the financial responsibility of the applicant as
the commission deems appropriate;
(6)
If any of the facilities necessary for the conduct of racing or pari-mutuel
wagering are to be leased, the terms of such lease; and
(7)
Any other information which the commission in its discretion deems
appropriate.
(b)
Each application shall be verified by the oath or affirmation of an officer of
the applicant, and shall be accompanied by a nonrefundable application fee as
determined by the Commission.
(c)
Any person who knowingly makes a false statement to the commission for the
purposes of obtaining a license under this article shall be guilty of a felony
and, upon conviction thereof, shall be punished by imprisonment for not less
than one nor more than ten years or a fine not to exceed $50,000.00, or
both.
50-37-16.
(a)
The commission shall consider all applications for a racetrack owner's license
or a satellite facility owner's license and may grant a valid a racetrack
owner's or satellite facility owner's license to applicants who meet the
criteria set forth in this chapter and established by the commission. The
commission shall deny a license to any applicant, unless it finds that the
applicant's facilities are or will be appropriate for the finest quality of
racing, and meet or will meet the minimum standards that any track provided for
standard breed racing be at least five-eighths of a mile, that any dirt track
provided for flat racing be at least one mile, and that any track provided for
flat or jump racing on the turf be at least seven-eighths of a
mile.
(b)
The commission shall deny a license to an applicant if it finds that for any
reason the issuance of a license to the applicant would not be in the interest
of the people of the State of Georgia or the horse racing industry in the State
of Georgia, or would reflect adversely on the honesty and integrity of the horse
racing industry in the State of Georgia, or that the applicant, or any officer,
partner, principal stockholder, or director of the applicant:
(1)
Has knowingly made a false statement of material fact or has deliberately failed
to disclose any information requested;
(2)
Is or has been found guilty of any illegal, corrupt, or fraudulent act,
practice, or conduct in connection with any horse racing in this or any other
state, or has been convicted of a felony;
(3)
Has at any time knowingly failed to comply with the provisions of this chapter
or of any rules or regulations of the commission;
(4)
Has had a license or permit to hold or conduct a horse race meeting denied for
just cause, suspended, or revoked in any other state or country;
(5)
Has legally defaulted in the payment of any obligation or debt due to the State
of Georgia;
(6)
Has constructed or caused to be constructed a racetrack or satellite facility
for which a license was required under Code Section 50-37-15 without obtaining
such license, or has deviated substantially, without the permission of the
commission, from the plans and specifications submitted to the commission;
or
(7)
Is not qualified to do business in Georgia or is not subject to the jurisdiction
of the courts of the State of Georgia.
(c)
The commission shall deny a license to any applicant unless it finds
that:
(1)
If the corporation is a stock corporation, that such stock is fully paid and
nonassessable, has been subscribed and paid for only in cash or property to the
exclusion of past services, and, if the corporation is a nonstock corporation,
that there are at least twenty members;
(2)
All principal stockholders or members have submitted to the jurisdiction of the
courts of the State of Georgia, and all nonresident principal stockholders or
members have designated the executive secretary of the commission as their agent
for receipt of process;
(3)
The applicant's articles of incorporation provide that the corporation may, on
vote of a majority of the stockholders or members, purchase at fair market value
the entire membership interest of any stockholder or require the resignation of
any member who is or becomes unqualified for such position under Code Section
50-37-18; and
(4)
The applicant meets the criteria established by the commission for the granting
of a racetrack owner's license or a satellite facility owner's license, as
appropriate.
50-37-17.
(a)
Notwithstanding the provisions of Code Section 50-37-30, the commission may
grant a license, for a duration to be determined by the commission, to the owner
or operator of a steeplechase facility for the purpose of conducting pari-mutuel
wagering on steeplechase race meetings at that facility for a period not to
exceed fourteen days in any calendar year, provided that, prior to making
application for such license, the steeplechase facility has been sanctioned by
the National Steeplechase Association and the owner or operator of such facility
has been granted tax-exempt status under Section 501(c)(3) or (4) of the federal
Internal Revenue Code. For purposes of this Code section, 'steeplechase
facility' means a turf racecourse constructed over natural ground which is
utilized primarily for races where horses jump over fences or other
obstacles.
(b)
In deciding whether to grant any license pursuant to this Code section, the
commission shall consider the results of, circumstances surrounding, and issues
involved in any referendum conducted under the provisions of Code Section
50-37-30 and whether the commission had previously granted a license to such
facility, owner, or operator.
(c)
In no event shall the commission issue more than twelve licenses in a calendar
year pursuant to this Code section.
50-37-18.
No
racetrack owner's license or a satellite facility owner's license or renewal
thereof shall be granted to any corporation if the commission finds that any
principal stockholder of such stock corporation, or any member of such nonstock
corporation:
(1)
Is or has been guilty of any illegal, corrupt, or fraudulent act, conduct, or
practice in connection with horse racing in this or any other state, or has
knowingly failed to comply with the provisions of this chapter or commission
rules and regulations;
(2)
Has had a license or permit to hold or conduct a race meeting denied for cause,
suspended, or revoked in any other state or country; or
(3)
Has at any time during the previous five years knowingly failed to comply with
the provisions of this chapter or any commission rules and
regulations.
50-37-19.
(a)
A license issued under Code Section 50-37-16 shall be for the period set by the
commission, not to be less than twenty years, but shall be reviewed annually.
The commission shall designate on the license the duration of such license, the
location of such track or satellite facility or proposed track or satellite
facility, and such other information as it deems proper. The commission shall
establish criteria and procedures for license renewal.
(b)
The commission shall require a bond with surety or a letter of credit,
acceptable to the commission, and in an amount determined by it, to be
sufficient to cover any indebtedness incurred by the licensee to the State of
Georgia.
50-37-20.
(a)
Any person desiring to hold a race meeting or operate a satellite facility shall
file with the commission an application for a racetrack operator's license or a
satellite facility operator's license, as appropriate. Such application may be
made in conjunction with an application for a racetrack owner's license or a
satellite facility owner's license, if appropriate. It shall be filed at the
time and place prescribed by the commission and contain such information as
prescribed by the commission, including all information prescribed for an
owner's license under Code Section 50-37-15 and, in addition, the date the
applicant wishes to conduct a race meeting.
(b)
Any application filed hereunder shall be verified by the oath or affirmation of
an officer of the applicant and shall be accompanied by a nonrefundable
application fee as determined by the commission.
50-37-21.
The
commission shall promptly consider any application for a racetrack operator's
license or a satellite facility operator's license and grant a valid racetrack
operator's license or a satellite facility operator's license to applicants who
meet the criteria set forth in this chapter and established by the commission.
The commission shall deny a license to any applicant, unless it finds
that:
(1)
Such applicant is a corporation organized under Title 14 or comparable law of
another state, and qualified to do business in Georgia;
(2)
If the corporation is a stock corporation, all principal stockholders have
submitted to the jurisdiction of the courts of this state and all nonresident
principal stockholders have designated the executive secretary of the commission
as their agent for process, and, further, that an application shall also contain
information as required by Code Section 50-37-15;
(3)
The applicant's articles of incorporation provide that the corporation may, on
vote of a majority of the stockholders or members, purchase at fair market value
the entire membership interest of any stockholder, or require the resignation of
any member, who is or becomes unqualified for such position under Code Section
50-37-18;
(4)
The applicant would be qualified for a license to own such horse racetrack or
satellite facility under the provisions of Code Sections 50-37-17 and
50-37-18;
(5)
The applicant has made provisions satisfactory to the commission for the
detection and prosecution of any illegal, corrupt, or fraudulent act, practice,
or conduct in connection with any race meeting or pari-mutuel wagering, that the
applicant has made provision for membership in the Thoroughbred Racing
Associations or other equivalent applicable association, and that the applicant
shall utilize the services of the Thoroughbred Racing Protective Bureau or any
other protective agency acceptable to the Georgia Racing Commission;
and
(6)
The applicant has met the criteria established by the commission for the
granting of a racetrack operator's license or a satellite facility operator's
license, as appropriate.
50-37-22.
(a)
A license issued under Code Section 50-37-21 shall be for a period of 20 years
from the date of issuance, but shall be reviewed annually. The commission may,
as it deems appropriate, change at the beginning of any year the dates on which
the licensee is authorized to conduct a race meeting or pari-mutuel wagering.
An applicant for renewal of a license may omit any information which in the
opinion of the commission is already available to it. The commission shall
establish criteria and procedures for license renewal.
(b)
Any license issued under Code Section 50-37-21 shall designate on its face the
type or types of horse racing or pari-mutuel wagering for which it is issued,
the location of the track or satellite facility where such meeting or wagering
is to be conducted, the period during which such license is in effect, and such
other information as the commission deems proper.
(c)
The commission shall require a bond with surety acceptable to it, and in an
amount determined by it to be sufficient to cover any indebtedness incurred by
such licensee during the days allotted for racing.
50-37-23.
The
denial of an owner's or operator's license by the commission shall be final
unless appealed under Code Section 50-37-11.
50-37-24.
(a)
After a hearing upon at least 15 days' notice, the commission may suspend or
revoke any license or fine the holder thereof a sum not to exceed $100,000.00 in
any case in which the commission has reason to believe that any provision of
this chapter, or any rule or regulation or condition of the commission, has not
been complied with or has been violated. The commission may revoke a license if
it finds that facts not known by it at the time it considered the application
indicate that such license should not have been issued.
(b)
The commission shall revoke any license issued under Code Section 50-37-21 for
the operation of a satellite facility if the licensee, within one year of
issuance of the satellite facility license, fails to conduct live racing at a
racetrack licensed pursuant to Code Section 50-37-21 or fails to conduct,
without the permission of the commission, the live racing days assigned to the
licensee by the commission.
(c)
The commission, at a meeting at which a quorum of the members is present, may
summarily suspend any license for a period of not more than 90 days pending a
hearing and final determination by the commission if the commission determines
that emergency action is required to protect the public health, safety, and
welfare including, but not limited to, revenues due the state, its political
subdivisions, and the horsemen's purse account. The commission shall schedule a
hearing within 14 business days after the license is summarily suspended and
notify the licensee not less than five business days before the hearing of the
date, time, and place of the hearing.
(d)
Deliberations of the commission shall be conducted pursuant to the provisions of
Chapter 14 of this title. If any such license is suspended or revoked, the
commission shall state its reasons for doing so, which shall be entered of
record. Such action shall be final unless appealed in accordance with Code
Section 50-37-11. Suspension or revocation of a license by the commission for
any violation shall not preclude criminal liability for such
violation.
50-37-25.
(a)
The commission shall require any person desiring to become a partner, member, or
principal stockholder of any licensee to apply to the commission for approval
thereof and may demand such information of the applicant as it finds necessary.
The commission shall consider such application forthwith and shall approve or
deny the application within 60 days of receipt. The commission shall approve an
application that meets the criteria set forth in this chapter. The commission
shall deny an application if in its judgment the acquisition by the applicant
would be detrimental to the public interest or to the honesty, integrity, and
reputation of racing. The commission shall approve an application to acquire
actual control of a licensee only if it finds that the applicant meets the
criteria set forth in subsection (b) of this Code section.
(b)
If an applicant proposes to acquire actual control of a licensee, such person
shall, pursuant to subsection (a) of this Code section, submit to the commission
its proposal for the future operation of any existing or planned racetrack or
satellite facility owned or operated by the licensee; such additional
information as it desires; and such information as may be required by the
commission to assure the commission that the licensee, under the actual control
of such person, will have the experience, expertise, financial responsibility,
and commitment to comply with the provisions of this chapter, commission rules
and regulations and orders, the requirements for the continued operation of the
licensee pursuant to the terms and conditions in effect on the date of the
application of all licenses held by the licensee, any existing contract with a
recognized majority horseman's group, and any proposal submitted to the
commission by such person. The provisions of this subsection shall apply
regardless of whether the control acquired is direct or indirect or whether its
acquisition is accomplished individually or in concert with others.
(c)
Any such acquisition of control without prior approval of the commission shall
be voidable by the commission and, in such instance, the commission may revoke
any license it has issued to such licensee, order compliance with this Code
section, or take such other action as may be appropriate within the authority of
the commission.
50-37-26.
(a)
No participant shall engage in any horse racing subject to the jurisdiction of
the commission or in the conduct of a race meeting or pari-mutuel wagering
thereon, including, but not limited to, as a horse owner, trainer, jockey,
exercise rider, groom, stable foreman, valet, veterinarian, agent, pari-mutuel
employee, concessionaire or employee thereof, track employee, or other positions
the commission deems necessary to regulate to ensure the integrity of horse
racing in Georgia, unless such person possesses a permit therefor from the
commission, and complies with the provisions of this chapter and all commission
rules and regulations. No permit issued under the provisions of this chapter
shall be transferable.
(b)
The commission may waive the permit requirement for any person who possesses a
valid permit or license to participate in the conduct of horse racing in another
racing jurisdiction and participates in horse racing in Georgia on
nonconsecutive racing days.
(c)
Once a horse is entered to run in Georgia, all participants shall come under the
jurisdiction of the commission and its stewards and shall be subject to the
rules and regulations of the commission and sanctions it or its stewards may
impose.
50-37-27.
(a)
Any person desiring to obtain a permit as required by this chapter shall make
application therefor on a form prescribed by the commission. The application
shall be accompanied by a fee prescribed by the commission.
(b)
Any application filed under this Code section shall be verified by the oath or
affirmation of the applicant.
50-37-28.
(a)
The commission shall promptly consider any application for a permit and issue or
deny such permit based on the information in the application and all other
information before it, including any investigation it deems appropriate. If an
application for a permit is approved, the commission shall issue a permit, which
shall contain such information as the commission deems appropriate. Such permit
shall be valid for one year; however, the permit of a licensee's employee shall
expire automatically when such permit holder leaves the employment of the
licensee or at the end of one year, whichever occurs first. The licensee shall
promptly notify the commission when a permit holder leaves the employment of the
licensee. The commission shall establish criteria and procedures for permit
renewal.
(b)
The commission shall deny the application and refuse to issue the permit, which
denial shall be final unless an appeal is taken under Code Section 50-37-11, if
it finds that the issuance of such permit to such applicant would not be in the
interests of the people of the State of Georgia, or the horse racing industry of
the State of Georgia, or would reflect on the honesty and integrity of the horse
racing industry in the State of Georgia, or that the applicant:
(1)
Has knowingly made a false statement of a material fact in the application or
has deliberately failed to disclose any information requested by the
commission;
(2)
Is or has been found guilty of any corrupt or fraudulent practice or conduct in
connection with horse racing in this or any other state;
(3)
Has knowingly failed to comply with the provisions of this chapter or the rules
and regulations of the commission;
(4)
Has had a permit to engage in activity related to horse racing denied for just
cause, suspended, or revoked in any other state, and such denial, suspension, or
revocation is still in effect; or
(5)
Is unqualified to perform the duties required for the permit
sought.
(c)
The commission shall deny the application and refuse to issue the permit if,
within the five years immediately preceding the date of the application for the
permit sought, the applicant has been convicted of a crime involving the
unlawful conduct of wagering, fraudulent use of a credential, unlawful
transmission of information, touting, bribery, or administration or possession
of drugs or any felony considered by the commission to be detrimental to horse
racing in the State of Georgia; the denial shall be final unless an appeal is
taken under Code Section 50-37-11. Additionally, the commission may deny the
application and refuse to issue any permit, if the applicant has been convicted
of any such crime committed prior to the five years immediately preceding the
date of the application.
(d)
The commission may refuse to issue the permit if for any reason it feels the
granting of such permit is not consistent with the provisions of this chapter or
its responsibilities thereunder.
50-37-29.
(a)
The commission, acting by and through its stewards or at a meeting at which a
quorum is present, may suspend or revoke a permit issued under this chapter or
fine the holder of such permit a sum not to exceed $10,000.00, or suspend a
permit issued by this chapter and fine the holder of such permit a sum not to
exceed $10,000.00 after a hearing for which proper notice has been given to the
permittee, in any case where it determines by a preponderance of the evidence
that any provision of this chapter, or any rule, regulation, or condition of the
commission, has not been complied with, or has been violated. The commission
may revoke such permit, after such hearing, if it finds that facts not known by
it at the time it was considering the application indicate that such permit
should not have been issued. Deliberations of the commission under this Code
section shall be conducted pursuant to the provisions of Chapter 14 of this
title. If any permit is suspended or revoked, the commission shall state its
reasons for doing so, which shall be entered of record. Such action shall be
final unless an appeal is taken in accordance with Code Section 50-37-11.
Suspension or revocation of a permit by the commission for any violation shall
not preclude criminal liability for such violation.
(b)
The commission, acting by and through its stewards, or at a meeting at which a
quorum is present, may summarily suspend the permit of a person for a period of
not more than 90 days pending a hearing and final determination by the
commission or its stewards, if the commission or its stewards determine the
protection of the integrity of horse racing requires emergency action. The
commission or its stewards shall schedule a hearing within 14 business days
after the permit is summarily suspended and notify the permit holder, not less
than five business days before the hearing, of the date, time, and place of the
hearing.
50-37-30.
The
commission shall not grant any initial license to construct, establish, operate,
or own a racetrack or satellite facility until a referendum approving the
question is held in each county or municipality in which such track or satellite
facility is to be located, in the following manner:
(1)(A)
A petition, signed by 5 percent of the qualified electors of such county or
municipality shall be filed with the election superintendent of such county or
municipality asking that a referendum be held on either or both of the following
questions:
(i)
Whether pari-mutuel wagering shall be permitted at a licensed racetrack in such
county or municipality on live horse racing at, and on simulcast horse racing
transmitted from another jurisdiction to, the licensed racetrack on such days as
may be approved by the Georgia Racing Commission in accordance with this
chapter; or
(ii)
Whether pari-mutuel wagering shall be permitted in such county or municipality
at satellite facilities in accordance with this chapter.
(B)
Such petition shall be in the form specified by the rules and regulations of the
State Election Board. Each person signing a nomination petition shall declare
therein that he or she is a duly qualified and registered elector of the county
or municipality and shall add to his or her signature his or her residence
address, giving municipality, if any, and county, with street and number, if
any, and be urged to add the person's date of birth which shall be used for
verification purposes. No person shall sign the same petition more than once.
The petition shall also contain at the top of each page a statement of the
question proposed to be submitted to the electors in accordance with this Code
section. Each page shall bear on the bottom or back thereof the affidavit of
the circulator of such page, which affidavit must be subscribed and sworn to by
such circulator before a notary public and shall set forth:
(i)
His or her residence address, giving municipality with street and number, if
any;
(ii)
That each signer manually signed his or her own name with full knowledge of the
contents of the petition; and
(iii)
That, to the best of the affiant's knowledge and belief, the signers are
registered electors of the county or municipality qualified to sign the
petition, that their respective residences are correctly stated in the petition,
and that they all reside in the county or municipality.
No
notary public may sign the petition as an elector or serve as a circulator of
any petition which he or she notarized. Any and all pages of a petition that
have the circulator's affidavit notarized by a notary public who also served as
a circulator of one or more pages of the petition or who signed one of the pages
of the petition as an elector shall be disqualified and rejected.
(2)
Following the filing of such petition, the election superintendent shall verify
such petition within 90 days following its submission for verification. If such
petition is found to contain a sufficient number of valid signatures of the
qualified electors of the jurisdiction, the election superintendent shall call
and conduct a special election in accordance with Chapter 2 of Title 21 to
submit the referendum question or questions to the electors of the jurisdiction.
Such election shall be on the next available day under Code Section 21-2-540
that is at least 60 days after the date on which the petition is verified, but
shall not be later than the next general election unless such general election
is within 60 days of the date of the date on which the petition is
verified.
(3)
The election superintendent of such county or municipality shall publish notice
of such election in the legal organ of the county or municipality once a week
for three consecutive weeks immediately prior to such election notifying the
electors of the jurisdiction of the date and purpose of such special
election.
(4)
Each ballot shall contain one or both of the following questions as requested in
the petition:
|
'( ) YES
( ) NO
|
Shall
pari-mutuel wagering be permitted at a licensed racetrack in [name of county or
municipality] on live horse racing at, and on simulcast horse racing transmitted
from another jurisdiction to, the licensed racetrack on such days as may be
approved by the Georgia Racing Commission in accordance with Chapter 37 of Title
50 of the O.C.G.A.?'
|
|
'( ) YES
( ) NO
|
Shall
pari-mutuel wagering be permitted in [name of county or municipality] at
satellite facilities in accordance with Chapter 37 of Title 50 of the
O.C.G.A.?'
|
All
persons desiring to vote for approval of a question shall vote "Yes," and all
persons desiring to vote for rejection of a question shall vote "No." If more
than one-half of the votes cast on a question are for approval, then such
question shall be approved and the type of pari-mutuel wagering provided for in
such question may be conducted in such county or municipality. If the question
or questions are not so approved or if the election is not conducted as provided
in this Code section, such question or questions shall not be approved. The
expense of such election shall be borne by the county or municipality. It shall
be the election superintendent's duty to certify the result thereof to the
Secretary of State. No such referendum shall be held more often than every
three years in the same county or municipality. A subsequent referendum shall
be required if a license has not been granted by the commission within five
years of the certification of the special election approving a
question.
50-37-31.
(a)
Any person holding an operator's license to operate a horse racetrack or
satellite facility in the State of Georgia pursuant to this chapter shall be
authorized to conduct pari-mutuel wagering on horse racing subject to the
provisions of this chapter and the conditions and rules and regulations of the
commission.
(b)
On pari-mutuel pools generated by wagering at the racetrack on live horse racing
conducted within the State of Georgia, involving win, place, and show wagering,
the licensee shall retain an amount not to exceed 18 percent of such pool and
the legitimate breakage, out of which shall be paid 1 1/4 percent to be
distributed as follows: 1 percent to the State of Georgia as a license tax, and
1/4 percent to the county or municipality in which the racetrack is located.
The remainder of the 18 percent retainage shall be paid as provided in
subsection (d) of this Code section.
(c)
On pari-mutuel pools generated by wagering at each Georgia satellite facility on
live horse racing conducted within the State of Georgia, involving win, place,
and show wagering, the licensee shall retain an amount not to exceed 18 percent
of such pool and the legitimate breakage, out of which shall be paid 1 1/4
percent to be distributed as follows: 3/4 percent to the State of Georgia as a
license tax, 1/4 percent to the county or municipality in which the satellite
facility is located, and 1/4 percent to the county or municipality in which the
racetrack is located. The remainder of the 18 percent retainage shall be paid
as provided in subsection (d) of this Code section.
(d)
On pari-mutuel pools generated by wagering at the racetrack and each Georgia
satellite facility on live horse racing conducted within the State of Georgia,
involving win, place, and show wagering, the licensee shall retain an amount not
to exceed 18 percent of such pool and the legitimate breakage, out of which
shall be paid:
(1)
Eight percent as purses or prizes to the participants in such race
meeting;
(2)
Seven and one-half percent, and all of the breakage and the proceeds of
pari-mutuel tickets unredeemed 180 days from the date on which the race was
conducted, to the operator;
(3)
One percent to the Georgia Breeders Fund;
(4)
One-eighth of 1 percent to the College of Veterinary Medicine of the University
of Georgia to be used solely for the promotion and growth of the equine industry
in the State of Georgia;
(5)
One-eighth of 1 percent to the University of Georgia College of Agricultural and
Environmental Sciences to be used solely for the promotion and growth of the
equine industry in the State of Georgia; and
(6)
The remainder of the 18 percent retainage shall be paid as appropriate under
subsection (b) or (c) of this Code section.
(e)
On pari-mutuel pools generated by wagering at the racetrack on live horse racing
conducted within the State of Georgia involving wagering other than win, place,
and show wagering, the licensee shall retain an amount not to exceed 22 percent
of such pool and the legitimate breakage, out of which shall be paid 2 3/4
percent to be distributed as follows: 2 1/4 percent to the State of Georgia as a
license tax, and 1/2 percent to the county or municipality in which the
racetrack is located. The remainder of the 22 percent retainage shall be paid
as provided in subsection (g) of this Code section.
(f)
On pari-mutuel pools generated by wagering at each Georgia satellite facility on
live horse racing conducted within the State of Georgia involving wagering other
than win, place, and show wagering, the licensee shall retain an amount not to
exceed 22 percent of such pool and the legitimate breakage, out of which shall
be paid 2 3/4 percent to be distributed as follows: 1 3/4 percent to the State
of Georgia as a license tax, 1/2 percent to the county or municipality in which
the satellite facility is located, and 1/2 percent to the county or municipality
in which the racetrack is located. The remainder of the 22 percent retainage
shall be paid as provided in subsection (g) of this Code section.
(g)
On pari-mutuel pools generated by wagering at the racetrack and each Georgia
satellite facility on live horse racing conducted within the State of Georgia
involving wagering other than win, place, and show wagering, the licensee shall
retain an amount not to exceed 22 percent of such pool and the legitimate
breakage, out of which shall be paid:
(1)
Nine percent as purses or prizes to the participants in such race
meeting;
(2)
Nine percent, and the proceeds of the pari-mutuel tickets unredeemed 180 days
from the date on which the race was conducted, to the operator;
(3)
One percent to the Lottery for Education Account established pursuant to Code
Section 50-27-12, but such funds shall be separately accounted
for;
(4)
One-eighth of 1 percent to the University of Georgia College of Veterinary
Medicine to be used solely for the promotion and growth of the equine industry
in the State of Georgia;
(5)
One-eighth of 1 percent to the University of Georgia College of Agricultural and
Environmental Sciences to be used solely for the promotion and growth of the
equine industry in the State of Georgia; and
(6)
The remainder of the 22 percent retainage shall be paid as appropriate under
subsection (e) or (f) of this Code section.
(h)
On pari-mutuel wagering generated by simulcast horse racing transmitted from
jurisdictions outside the State of Georgia, the licensee may, with the approval
of the commission, commingle pools with the racetrack where the transmission
emanates or establish separate pools for wagering within the State of Georgia.
All simulcast horse racing in this subsection must comply with the federal
Interstate Horse Racing Act of 1978 (15 U.S.C. Section 3001 et
seq.).
(i)
On pari-mutuel pools generated by wagering at the racetrack on simulcast horse
racing transmitted from jurisdictions outside the State of Georgia, involving
win, place, and show wagering, the licensee shall retain 1 1/4 percent of such
pool to be distributed as follows:
(1)
Three-fourths of 1 percent to the State of Georgia as a license tax;
and
(2)
One-half of 1 percent to the county or municipality in the State of Georgia in
which the racetrack is located.
(j)
On pari-mutuel pools generated by wagering at each Georgia satellite facility on
simulcast horse racing transmitted from jurisdictions outside the State of
Georgia, involving win, place, and show wagering, the licensee shall retain 1
1/4 percent of such pool to be distributed as follows:
(1)
Three-fourths of 1 percent to the State of Georgia as a license
tax;
(2)
One-fourth of 1 percent to the county or municipality in which the satellite
facility is located; and
(3)
One-fourth of 1 percent to the Georgia county or municipality in which the
racetrack is located.
(k)
On pari-mutuel pools generated by wagering at the racetrack and each Georgia
satellite facility on simulcast horse racing transmitted from jurisdictions
outside the State of Georgia, involving win, place, and show wagering, the
licensee shall retain 1 1/4 percent of such pool to be distributed as
follows:
(1)
One percent of the pool to the Georgia Breeders Fund; and
(2)
One-fourth of 1 percent to the University of Georgia College of Veterinary
Medicine.
(l)
On pari-mutuel pools generated by wagering at the racetrack on simulcast horse
racing transmitted from jurisdictions outside the State of Georgia, involving
wagering other than win, place, and show wagering, the licensee shall retain 2
3/4 percent of such pool to be distributed as follows:
(1)
One and three-fourths percent to the State of Georgia as a license tax;
and
(2)
One percent to the Georgia county or municipality in which the racetrack is
located.
(m)
On pari-mutuel pools generated by wagering at each Georgia satellite facility on
simulcast horse racing transmitted from jurisdictions outside the State of
Georgia, involving wagering other than win, place, and show wagering, the
licensee shall retain 2 3/4 percent of such pool to be distributed as
follows:
(1)
One and three-fourths percent to the State of Georgia as a license
tax;
(2)
One-half of 1 percent to the county or municipality in which the satellite
facility is located; and
(3)
One-half of 1 percent to the Georgia county or municipality in which the
racetrack is located.
(n)
On pari-mutuel pools generated by wagering at the racetrack and each Georgia
satellite facility on simulcast horse racing transmitted from jurisdictions
outside the State of Georgia, involving wagering other than win, place, and show
wagering, the licensee shall retain 1 1/4 percent of such pool to be distributed
as follows:
(1)
One percent of the pool to the Lottery for Education Account established
pursuant to Code Section 50-27-13, but such funds shall be separately accounted
for;
(2)
One-eighth of 1 percent to the University of Georgia College of Veterinary
Medicine to be used solely for the promotion and growth of the equine industry
in the State of Georgia;
(3)
One-sixteenth of 1 percent to horse rescue groups and organizations to be
determined by the commission; and
(4)
One-sixteenth of 1 percent to the Agricultural Commodity Commission for
Equine.
(o)
Moneys payable to the State of Georgia shall be deposited in the general fund.
Gross receipts for license tax or other tax purposes shall not include
pari-mutuel wagering pools and license taxes authorized by this Code
section.
(p)
All payments by the licensee to the State of Georgia or any county or
municipality shall be made within five days from the date on which such wagers
are received by the licensee. All payments by the licensee to the Georgia
Breeders Fund shall be made to the commission within five days from the date on
which such wagers are received by the licensee. All payments by the licensee to
the University of Georgia College of Veterinary Medicine, the University of
Georgia College of Agricultural and Environmental Sciences, the Lottery for
Education Account, and the horse rescue groups and organizations selected by the
commission shall be made by the first day of each quarter of the calendar year.
All payments made under this Code section shall be used in support of the policy
of the State of Georgia to sustain and promote the growth of a native
industry.
(q)
If a satellite facility is located in more than one county or municipality, any
amount a licensee is required to pay under this Code section to the county or
municipality in which the satellite facility is located shall be prorated in
equal shares among those counties and municipalities.
(r)
Any contractual agreement between a licensee and other entities concerning the
distribution of the remaining portion of the retainage under subsections (i)
through (n) of this Code section shall be subject to the approval of the
commission.
(s)
The horsemen's organizations representing a majority of the horsemen racing at a
licensed unlimited race meeting may, subject to the approval of the commission,
withdraw for administrative costs associated with serving the interests of the
horsemen an amount not to exceed 2 percent of the amount in the horsemen's
account.
(t)
The legitimate breakage from each pari-mutuel pool for both live racing and
simulcast horse racing shall be distributed as follows:
(1)
Seventy percent to be retained by the licensee to be used for capital
improvements that are subject to approval of the commission; and
(2)
Thirty percent to be deposited in a Racing Benevolence Fund, administered
jointly by the licensee and the horsemen's organization representing a majority
of the horsemen racing at a licensed unlimited race meeting, to be disbursed
with the approval of the commission for gambling addiction and substance abuse
counseling, recreational, educational, or other related programs.
50-37-32.
(a)
The governing body of any county or municipality may by ordinance impose a tax
on any licensee hereunder to conduct a race meeting at a track located solely in
such county or municipality of 25¢ on the admission of each person on each
day except those holding a valid permit under this chapter and actually employed
at such track in the capacity for which such permit was issued. The licensee
may collect such amount from the ticket holder in addition to the amount charged
for the ticket of admission.
(b)
If such track or its enclosure is located in two or in three counties or
municipalities, each county or municipality may impose a tax hereunder of 12
1/2¢ or 8 1/3¢ per person, respectively.
(c)
Gross receipts for license tax and other tax purposes shall not include the
admissions tax imposed under this Code section.
50-37-33.
A
regular post-audit shall be conducted of all accounts and transactions of the
commission. An annual audit of a fiscal and compliance nature of the accounts
and transactions of the commission shall be conducted by the state auditor on or
before September 30 of each year. The cost of the annual audit and post-audit
examinations shall be borne by the commission.
Article
2
50-37-50.
The
Live Horseracing Compact is enacted into law and entered into with all other
jurisdictions legally joining therein in the form substantially as
follows:
'ARTICLE
I.
Purposes.
§ 1. Purposes.
§ 1. Purposes.
The
purposes of this compact are to:
1.
Establish uniform requirements among the party states for the licensing of
participants in live horse racing with pari-mutuel wagering, and ensure that all
such participants who are licensed pursuant to this compact meet a uniform
minimum standard of honesty and integrity.
2.
Facilitate the growth of the horse racing industry in each party state and
nationwide by simplifying the process for licensing participants in live racing,
and reduce the duplicative and costly process of separate licensing by the
regulatory agency in each state that conducts live horse racing with pari-mutuel
wagering.
3.
Authorize the Georgia Racing Commission to participate in this
compact.
4.
Provide for participation in this compact by officials of the party states, and
permit those officials, through the compact committee established by this
compact, to enter into contracts with governmental agencies and nongovernmental
persons to carry out the purposes of this compact.
5.
Establish the compact committee created by this compact as an interstate
governmental entity duly authorized to request and receive criminal history
record information from the Federal Bureau of Investigation and other state and
local law-enforcement agencies.
ARTICLE
II.
Definitions.
§ 2. Definitions.
§ 2. Definitions.
"Compact
committee" means the organization of officials from the party states that is
authorized and empowered by this compact to carry out the purposes of this
compact.
"Official"
means the appointed, elected, designated, or otherwise duly selected
representative of a racing commission or the equivalent thereof in a party state
who represents that party state as a member of the compact
committee.
"Participants
in live racing" means participants in live horse racing with pari-mutuel
wagering in the party states.
"Party
state" means each state that has enacted this compact.
"State"
means each of the several states of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and each territory or possession of the United
States.
ARTICLE
III. Entry into Force, Eligible Parties, and
Withdrawal.
§ 3. Entry into force.
§ 3. Entry into force.
This
compact shall come into force when enacted by any four states. Thereafter, this
compact shall become effective as to any other state upon (i) that state's
enactment of this compact and (ii) the affirmative vote of a majority of the
officials on the compact committee as provided in § 8.
§
4. States eligible to join compact.
Any
state that has adopted or authorized horse racing with pari-mutuel wagering
shall be eligible to become party to this compact.
§
5. Withdrawal from compact and impact thereof on force and effect of
compact.
Any
party state may withdraw from this compact by enacting a statute repealing this
compact, but no such withdrawal shall become effective until the head of the
executive branch of the withdrawing state has given notice in writing of such
withdrawal to the head of the executive branch of all other party states. If,
as a result of withdrawals, participation in this compact decreases to less than
three party states, this compact no longer shall be in force and effect unless
and until there are at least three or more party states again participating in
this compact.
ARTICLE
IV. Compact
Committee.
§ 6. Compact committee established.
§ 6. Compact committee established.
There
is hereby created an interstate governmental entity to be known as the "compact
committee," which shall be comprised of one official from the racing commission
or its equivalent in each party state who shall be appointed, serve, and be
subject to removal in accordance with the laws of the party state he or she
represents. Pursuant to the laws of his or her party state, each official shall
have the assistance of his or her state's racing commission or the equivalent
thereof in considering issues related to licensing of participants in live
racing and in fulfilling his or her responsibilities as the representative from
his or her state to the compact committee. If an official is unable to perform
any duty in connection with the powers and duties of the compact committee, the
racing commission or equivalent thereof from his or her state shall designate an
alternate who shall serve in his or her place and represent the party state as
its official on the compact committee until that racing commission or equivalent
thereof determines that the original representative official is able once again
to perform his or her duties as that party state's representative official on
the compact committee. The designation of an alternate shall be communicated by
the affected state's racing commission or equivalent thereof to the compact
committee as the committee's bylaws may provide.
§
7. Powers and duties of compact committee.
In
order to carry out the purposes of this compact, the compact committee is hereby
granted the power and duty to:
1.
Determine which categories of participants in live racing, including, but not
limited to, owners, trainers, jockeys, grooms, mutuel clerks, racing officials,
veterinarians, and farriers, and which categories of equivalent participants in
live racing with pari-mutuel wagering authorized in two or more of the party
states, should be licensed by the committee, and establish the requirements for
the initial licensure of applicants in each such category, the term of the
license for each category, and the requirements for renewal of licenses in each
category. Provided, however, that with regard to requests for criminal record
on the issuance or renewal of a license, the compact committee shall determine
for each category of participants in live racing which licensure requirements
for that category are, in its judgment, the most restrictive licensure
requirements of any party state for that category and shall adopt licensure
requirements for that category that are, in its judgment, comparable to those
most restrictive requirements.
2.
Investigate applicants for a license from the compact committee and, as
permitted by federal and state law, gather information on such applicants,
including criminal history record information from the Federal Bureau of
Investigation and relevant state and local law enforcement agencies, and, where
appropriate, from the Royal Canadian Mounted Police and law-enforcement agencies
of other countries, necessary to determine whether a license should be issued
under the licensure requirements established by the committee as provided in
paragraph 1 of this section. Only officials on, and employees of, the compact
committee may receive and review such criminal history record information, and
those officials and employees may use that information only for the purposes of
this compact. No such official or employee may disclose or disseminate such
information to any person or entity other than another official or employee of
the compact committee. The fingerprints of each applicant for a license from
the compact committee shall be taken by the compact committee, its employees, or
its designee and, pursuant to Public Law 92-544 or Public Law 100-413, shall be
forwarded to a state identification bureau, or an association of state officials
regulating pari-mutuel wagering designated by the Attorney General of the United
States, for submission to the Federal Bureau of Investigation for a criminal
history record check. Such fingerprints may be submitted on a fingerprint card
or by electronic or other means authorized by the Federal Bureau of
Investigation or other receiving law-enforcement agency.
3.
Issue licenses to, and renew the licenses of, participants in live racing listed
in paragraph 1 of this section who are found by the committee to have met the
licensure and renewal requirements established by the committee. The compact
committee shall not have the power or authority to deny a license. If it
determines that an applicant will not be eligible for the issuance or renewal of
a compact committee license, the compact committee shall notify the applicant
that it will not be able to process his or her application further. Such
notification does not constitute and shall not be considered to be the denial of
a license. Any such applicant shall have the right to present additional
evidence to, and to be heard by, the compact committee, but the final decision
on issuance or renewal of the license shall be made by the compact committee
using the requirements established pursuant to paragraph 1 of this
section.
4.
Enter into contracts or agreements with governmental agencies and with
non-governmental persons to provide personal services for its activities and
such other services as may be necessary to effectuate the purposes of this
compact.
5.
Create, appoint, and abolish those offices, employments, and positions,
including an executive director, as it deems necessary for the purposes of this
compact, prescribe their powers, duties, and qualifications, hire persons to
fill those offices, employments, and positions, and provide for the removal,
term, tenure, compensation, fringe benefits, retirement benefits, and other
conditions of employment of its officers, employees, and other
positions.
6.
Borrow, accept, or contract for the services of personnel from any state, the
United States, or any other governmental agency, or from any person, firm,
association, corporation, or other entity.
7.
Acquire, hold, and dispose of real and personal property by gift, purchase,
lease, license, or in other similar manner, in furtherance of the purposes of
this compact.
8.
Charge a fee to each applicant for an initial license or renewal of a
license.
9.
Receive other funds through gifts, grants, and appropriations.
§
8. Voting requirements.
A.
Each official shall be entitled to one vote on the compact
committee.
B.
All action taken by the compact committee with regard to the addition of party
states as provided in § 3, the licensure of participants in live racing,
and the receipt and disbursement of funds shall require a majority vote of the
total number of officials (or their alternates) on the committee. All other
action by the compact committee shall require a majority vote of those officials
(or their alternates) present and voting.
C.
No action of the compact committee may be taken unless a quorum is present. A
majority of the officials (or their alternates) on the compact committee shall
constitute a quorum.
§
9. Administration and management.
A.
The compact committee shall elect annually from among its members a chairman, a
vice-chairman, and a secretary/treasurer.
B.
The compact committee shall adopt bylaws for the conduct of its business by a
two-thirds vote of the total number of officials (or their alternates) on the
committee at that time and shall have the power by the same vote to amend and
rescind such bylaws. The committee shall publish its bylaws in convenient form
and shall file a copy thereof and a copy of any amendments thereto with the
secretary of state or equivalent agency of each of the party
states.
C.
The compact committee may delegate the day-to-day management and administration
of its duties and responsibilities to an executive director and his or her
support staff.
D.
Employees of the compact committee shall be considered governmental employees.
§
10. Immunity from liability for performance of official responsibilities and
duties.
No
official of a party state or employee of the compact committee shall be held
personally liable for any good faith act or omission that occurs during the
performance and within the scope of his responsibilities and duties under this
compact.
ARTICLE
V. Rights and Responsibilities of Each Party
State.
§ 11. Rights and responsibilities of each party state.
§ 11. Rights and responsibilities of each party state.
A.
By enacting this compact, each party state:
1.
Agrees (i) to accept the decisions of the compact committee regarding the
issuance of compact committee licenses to participants in live racing pursuant
to the committee's licensure requirements and (ii) to reimburse or otherwise pay
the expenses of its official representative on the compact committee or his
alternate.
2.
Agrees not to treat a notification to an applicant by the compact committee
under paragraph 3 of § 7 that the compact committee will not be able to
process his or her application further as the denial of a license, or to
penalize such an applicant in any other way based solely on such a decision by
the compact committee.
3.
Reserves the right (i) to charge a fee for the use of a compact committee
license in that state, (ii) to apply its own standards in determining whether,
on the facts of a particular case, a compact committee license should be
suspended or revoked, (iii) to apply its own standards in determining licensure
eligibility, under the laws of that party state, for categories of participants
in live racing that the compact committee determines not to license and for
individual participants in live racing who do not meet the licensure
requirements of the compact committee, and (iv) to establish its own licensure
standards for the licensure of nonracing employees at horse racetracks and
employees at separate satellite wagering facilities. Any party state that
suspends or revokes a compact committee license shall, through its racing
commission or the equivalent thereof or otherwise, promptly notify the compact
committee of that suspension or revocation.
B.
No party state shall be held liable for the debts or other financial obligations
incurred by the compact committee.
ARTICLE
VI. Construction and
Severability.
§ 12. Construction and severability.
§ 12. Construction and severability.
This
compact shall be liberally construed so as to effectuate its purposes. The
provisions of this compact shall be severable, and, if any phrase, clause,
sentence, or provision of this compact is declared to be contrary to the
Constitution of the United States or of any party state, or the applicability of
this compact to any government, agency, person, or circumstance is held invalid,
the validity of the remainder of this compact and the applicability thereof to
any government, agency, person, or circumstance shall not be affected thereby.
If all or some portion of this compact is held to be contrary to the
constitution of any party state, the compact shall remain in full force and
effect as to the remaining party states and in full force and effect as to the
state affected as to all severable
matters.'
50-37-51.
The
Governor shall appoint one official to represent the State of Georgia on the
Compact Committee for a term of four years. No official shall serve more than
three consecutive terms. A vacancy shall be filled by the Governor for the
unexpired term.
50-37-52.
All
departments, agencies, and officers of the State of Georgia and its political
subdivisions are hereby authorized to cooperate with the Compact Committee in
furtherance of any of its activities pursuant to the Compact.
50-37-53.
Nothing
in this article shall be construed to diminish or limit the powers and
responsibilities of the Georgia Racing Commission established by Article 1 of
this chapter or to invalidate any action of the Georgia Racing Commission
previously taken, including, without limitation, any rule or regulation
promulgated thereby.
Article
3
50-37-70.
Any
person not licensed in accordance with this chapter to conduct pari-mutuel
wagering or horse racing on which pari-mutuel wagering is conducted who conducts
pari-mutuel wagering, or horse racing on which wagering is conducted with his or
her knowledge or consent, shall be guilty of a felony and, upon conviction
thereof, shall be punished by imprisonment for not less than one nor more than
ten years or a fine not to exceed $100,000.00, or both.
50-37-71.
(a)
Any person other than the lawful holder thereof who has in his or her possession
any credential, license, or permit issued by the commission, or a forged or
simulated credential, license, or permit of the commission, and who uses such
credential, license, or permit for the purpose of misrepresentation, fraud, or
touting shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than ten years or a fine
not to exceed $100,000.00, or both.
(b)
Any credential, license, or permit issued by the commission, if used by the
holder thereof for a purpose other than identification and in the performance of
legitimate duties on a racetrack or within a satellite facility, shall be
automatically revoked whether so used on or off a racetrack or satellite
facility.
50-37-72.
(a)
Any person who knowingly transmits information as to the progress or results of
a horse race, or information as to wagers, betting odds, post or off times, or
jockey changes in any race by any means whatsoever for the purposes of carrying
on illegal betting as defined in Code Section 16-12-20, or to a person engaged
in illegal betting shall be guilty of a felony and, upon conviction thereof,
shall be punished by imprisonment for not less than one nor more than ten years
or a fine not to exceed $100,000.00, or both.
(b)
This Code section shall not be construed to prohibit a newspaper from printing
such results or information as news, or any television or radio station from
telecasting or broadcasting such results or information as news. This Code
section shall not be so construed as to place in jeopardy any common carrier or
its agents performing operations within the scope of a public franchise, or any
gambling operation authorized by law.
50-37-73.
Any
person, who knowingly and intentionally by false representation attempts to, or
does persuade, procure, or cause another person to wager on a horse in a race to
be run in this state or elsewhere, and upon which money is wagered in this
state, and who asks or demands compensation as a reward for information or
purported information given in such case, shall be guilty of touting and, upon
conviction, shall be punished as for a misdemeanor.
50-37-74.
Any
person who gives, promises, or offers to any jockey, driver, groom, or any
person participating in any race meeting, including owners of racetracks and
their employees, stewards, trainers, judges, starters, and special policemen,
any valuable thing with intent to influence him or her to attempt to lose or
cause to be lost a horse race in which such person is taking part or expects to
take part, or has any duty or connection, or who, being either jockey, driver,
or groom or participant in a race meeting, solicits or accepts any valuable
thing to influence him or her to lose or cause to be lost a horse race in which
he or she is taking part, or expects to take part, or has any duty or
connection, shall be guilty of a felony and, upon conviction thereof, shall be
punished by imprisonment for not less than one nor more than ten years or a fine
not to exceed $100,000.00, or both.
50-37-75.
(a)
Any person who, with the intent to defraud, acts to alter the outcome of a race
by:
(1)
The administration of any substance foreign to the natural horse, except those
substances specifically permitted by the rules and regulations of the Georgia
Racing Commission; or
(2)
The use of any device, electrical or otherwise, except those specifically
permitted by the regulations of the Georgia Racing Commission,
shall
be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than ten years or a fine not to
exceed $100,000.00, or both.
(b)
Any person who, with the intent to defraud, influences or conspires with another
to alter the outcome of a race by:
(1)
The administration of any substance foreign to the natural horse, except those
substances specifically permitted by the rules and regulations of the Georgia
Racing Commission; or
(2)
The use of any device, electrical or otherwise, except those specifically
permitted by the rules and regulations of the Georgia Racing
Commission,
shall
be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than ten years or a fine not to
exceed $100,000.00, or both.
(c)
Any person who:
(1)
Administers any substance foreign to the natural horse, except those substances
specifically permitted by the rules and regulations of the Georgia Racing
Commission, when the horse is entered to start; or
(2)
At any time, exposes any substance foreign to the natural horse with the intent
of impeding or increasing the speed, endurance, health, or condition of a
horse,
shall
be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than ten years or a fine not to
exceed $100,000.00, or both.
50-37-76.
The
possession or transportation of any drug except those permitted by regulations
of the commission within the racing enclosure is prohibited except upon a bona
fide veterinarian's prescription with complete statement of uses and purposes on
the container. A copy of such prescription shall be filed with the stewards.
Any person knowingly violating the provisions of this Code section relating to
the legal possession of drugs shall be guilty of a misdemeanor. The provisions
of Chapter 13 of Title 16 shall apply in situations where drugs regulated by
that chapter are within the racing enclosure.
50-37-77.
Any
person who knowingly enters or races any horse in any running or harness race
under any name or designation other than the name or designation assigned to
such horse by and registered with the Jockey Club, the United States Trotting
Association, the American Quarter Horse Association, or other applicable
association or who knowingly instigates, engages in, or in any way furthers any
act by which any horse is entered or raced in any running or trotting race under
any name or designation other than the name or designation duly assigned by and
registered with the Jockey Club, the United States Trotting Association, the
American Quarter Horse Association, or other applicable association, shall be
guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than ten years or a fine not to
exceed $100,000.00, or both.
50-37-78.
No
person shall wager on or conduct any wagering on the outcome of a horse race
pursuant to the provisions of this chapter unless such person is eighteen years
of age or older. No person shall accept any wager from a minor. No person
shall be admitted into a satellite facility if such person is under eighteen
years of age unless accompanied by one of his or her parents or his or her legal
guardian. Any person violating the provisions of this Code section shall be
guilty of a misdemeanor.
50-37-79.
(a)
Any person who conspires, confederates, or combines with another, either within
or without this state, to commit a felony prohibited by this chapter shall be
guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than one nor more than ten years or a fine not to
exceed $100,000.00, or both.
(b)
Any person who attempts to commit any act prohibited by this article shall be
guilty of a criminal offense and shall be punished as provided in Code Section
16-4-6."
SECTION
2.
This
Act shall become effective on January 1, 2011, provided that an amendment to the
Constitution of the State of Georgia authorizing pari-mutuel wagering or betting
on horse racing is passed by the General Assembly and ratified by the electors
of this state in the 2010 General Election. If no such amendment is proposed by
the General Assembly or if such amendment is rejected by the electors or the
election to ratify the proposed amendment is not held at the time of the 2010
General Election, this Act shall be repealed on January 1, 2011.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
