SB-0956, As Passed Senate, November 5, 2009
October 28, 2009, Introduced by Senator VAN WOERKOM and referred to the Committee on Agriculture and Bioeconomy.
A bill to amend 1951 PA 90, entitled
"An act to regulate the conducting of racing meets in the state of
Michigan; to provide for the possession, control and disposition of
funds held by licensees for the payment of outstanding winning
tickets not claimed or demanded by the lawful owners of such funds;
and to prescribe penalties for violations of the provisions of this
act,"
by amending sections 2, 3, and 4 (MCL 431.252, 431.253, and
431.254), as amended by 1998 PA 505.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. For the calendar year 1998 and each year thereafter,
all
funds Money held by any a race meeting licensee for
the payment
of outstanding winning tickets for any race meeting conducted under
the horse racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336,
which
have that has not been claimed by the owner of those funds
within
60 days after the close of the race meeting , shall be
retained by the licensee and distributed as follows:
(a) If the licensee is a standardbred race meeting licensee:
(i) Fifty percent of the funds money shall
be retained by the
licensee.
(ii) Fifty percent of the funds money shall
be deposited into
the Michigan agriculture equine industry development fund created
in section 20(3) of the horse racing law of 1995, 1995 PA 279, MCL
431.320, and designated for standardbred programs described in
section 20(5)(a), (c), (e), (h), and (i) of the horse racing law of
1995, 1995 PA 279, MCL 431.320.
(b)
If the licensee is a thoroughbred race meeting licensee: ,
then
100% of the funds for 1998 shall be earmarked for the
development
and capital improvement for the purpose of
accommodating
thoroughbred racing at existing licensed racing
facilities
that have operated within the 2 years immediately before
the
effective date of the amendatory act that added this
subdivision
within a city area or at a facility located outside a
city
area upon written approval of a certified thoroughbred
horsemen's
organization and approved by the racing commissioner. As
used
in this subdivision, "city area" and "horsemen's
organization"
mean
those terms as defined in section 2 of the horse racing law of
1995,
1995 PA 279, MCL 431.302. For calendar year 1999 and every
year
thereafter:
(i) Fifty percent of the funds money shall
be retained by the
licensee.
(ii) Fifty percent of the funds money shall
be deposited in the
Michigan agriculture equine industry development fund established
in section 20(3) of the horse racing law of 1995, 1995 PA 279, MCL
431.320, and designated for thoroughbred programs described in
section 20(6)(a) to (e) of the horse racing law of 1995, 1995 PA
279, MCL 431.320.
(c) If the licensee is a light horse race meeting licensee:
(i) Fifty percent of the funds money shall
be retained by the
licensee.
(ii) Fifty percent of the funds money shall
be deposited in the
Michigan agriculture equine industry development fund established
in section 20(3) of the horse racing law of 1995, 1995 PA 279, MCL
431.320, and designated for light horse programs described in
section 20(7), (8), and (9) of the horse racing law of 1995, 1995
PA 279, MCL 431.320.
(d)
Funds for uncashed tickets for calendar year 1998 held by
the
department of treasury that were remitted by licensees shall be
distributed
as provided in this section.
Sec. 3. A race meeting licensee who pays a winning ticket
subsequent
to after the last day of a race meeting shall preserve
the
cashed winning ticket and deliver it to the racing commissioner
director of the department of agriculture.
Sec.
4. The A race meeting licensee upon taking proper receipt
from
the racing commissioner director
of the department of
agriculture
for funds money and
records delivered to the racing
commissioner
director under this act and delivering a copy of the
cashed
winning ticket to the racing commissioner shall be director
is
released and discharged for from all
liability or accountability
to
the owner of the funds
money, as well as and from the
requirements
of preparing and filing of any report concerning the
property to a state, county, or municipal board, commission, or
agency, except those that were required or accrued before the date
of
the required delivery of the funds money and report to the
racing
commissioner director. However, the delivery of the funds
and
reports to the racing commissioner by a licensee shall not
release
or discharge the licensee from the powers granted to the
commissioner
under section 5.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 955
of the 95th Legislature is enacted into law.