HORSE RACING LAW OF 1995 (EXCERPT) Act 279 of 1995
431.318 Simulcast; authorization; definition; “intertrack simulcast” and “interstate simulcast” explained; permit; conditions; wagering; pools; payment to horsemen's simulcast pool; transmission of simulcast signals; simulcasting other events prohibited.
Sec. 18.
(1) Simulcasting by race meeting licensees may be authorized by the racing commissioner subject to the limitations of this section. As used in this section, “simulcast” means the live transmission of video and audio signals conveying a horse race held either inside or outside this state to a licensed race meeting in this state. A simulcast from 1 racetrack in this state to another racetrack in this state shall be called an “intertrack simulcast”. A simulcast from a racetrack outside this state to a racetrack inside this state shall be called an “interstate simulcast”.
(2) The holder of a race meeting license may apply to the racing commissioner, in the manner and form required by the commissioner, for a permit to televise simulcasts of horse races to viewing areas within the enclosure of the licensed racetrack at which the applicant is licensed to conduct its race meeting. The commissioner may issue a permit for individual race and full card simulcasts televised during, between, before, or after programmed live horse races on any day that live racing is conducted by the applicant, and also on other days during the term of the applicant's license when the applicant does not conduct live horse racing, subject to the following conditions:
(a) The applicant shall have a current contract with a certified horsemen's organization.
(b) The applicant shall have applied for and been allocated the minimum number of live racing dates required by section 12(1) to (5), subject to the availability of adequate horse supply as determined by the racing commissioner.
(c) The applicant shall make a continuing good faith effort throughout the duration of its race meeting to program and conduct not less than 9 live horse races on each live racing date allocated to the applicant.
(d) The certified horsemen's organization with which the applicant has contracted shall have consented to the requested simulcasts on any live racing day when the applicant is unable to program and conduct not less than 9 live horse races, if required by section 12(6).
(e) If the requested simulcasts are interstate, the applicant shall waive in writing any right that the applicant may have under the interstate horse racing act of 1978, Public Law 95-515, 15 U.S.C. 3001 to 3007, to restrict interstate simulcasts by other race meeting licensees in this state.
(f) If the applicant conducts its race meeting in a city area, the applicant shall make the video and audio signals of its live horse races available for intertrack simulcasting to all licensed race meetings in this state located more than 12 miles from the applicant's race meeting. The applicant shall charge each race meeting licensee the same fee to receive its live signals for intertrack simulcasting. The fee shall not exceed 3% of the total amount wagered on the intertrack simulcast at each race meeting that receives the simulcast.
(g) Except as otherwise agreed by the race meeting licensees in a city area and the respective certified horsemen's organizations with which they contract, a licensee in a city area shall receive all available intertrack simulcasts from licensed race meetings in the city area located more than 12 miles from the licensee's race meeting.
(h) A licensed race meeting outside a city area shall not conduct interstate simulcasts unless it also receives all intertrack simulcasts from licensed race meetings in a city area that are available.
(i) All applicants conducting licensed race meetings in a city area shall authorize all other race meeting licensees in the state to conduct simulcasts of the breed for which the applicant is licensed to conduct live horse racing. An applicant may not conduct interstate simulcasts unless authorization to do so is given by the applicant, in accordance with subdivision (j), permitting all other race meeting licensees to receive interstate simulcasts of a different breed than they are licensed to race live.
(j) A race meeting licensee shall not conduct an interstate simulcast of a different breed than it is licensed to race live at its race meeting, unless the licensee has the written permission of all race meeting licensees in a city area that are licensed to race that breed live at their race meetings.
(k) All authorized simulcasts shall be conducted in compliance with the written permit and related orders issued by the racing commissioner and all other requirements and conditions of this act and the rules of the racing commissioner promulgated under this act.
(l) All authorized interstate simulcasts shall also comply with the interstate horse racing act of 1978, Public Law 95-15, 15 U.S.C. 3001 to 3007.
(3) All forms of wagering by pari-mutuel methods provided for under this act for live racing shall be allowed on simulcast horse races authorized under this section. All money wagered on simulcast horse races at a licensed race meeting shall be included in computing the total amount of all money wagered at the licensed race meeting for purposes of section 17. When the simulcast is an interstate simulcast, the money wagered on that simulcast shall form a separate pari-mutuel pool at the receiving track unless 2 or more licensees receive the same interstate simulcast signals or the racing commissioner permits the receiving track to combine its interstate simulcast pool with the pool created at the out-of-state sending track on the same race. If 2 or more licensees receive the same interstate simulcast signals, the money wagered on the simulcasts shall be combined in a common pool and the licensees shall jointly agree and designate at which race meeting the common pool will be located. However, if the law of the jurisdiction in which the sending racetrack is located permits interstate common pools at the sending racetrack, the racing commissioner may permit pari-mutuel pools on interstate simulcast races in this state to be combined with pari-mutuel pools on the same races created at the out-of-state sending racetrack. If the pari-mutuel pools on the interstate simulcast races in this state are combined in a common pool at the out-of-state sending track, then the commissions described in section 17 on the pool created in this state shall be adjusted to equal the commissions in effect at the sending track under the laws of its jurisdiction. If the simulcast is an intertrack simulcast, the money wagered on that simulcast at the receiving racetrack shall be added to the pari-mutuel pool at the sending racetrack.
(4) Each race meeting licensee that receives an interstate simulcast shall pay to the horsemen's simulcast purse pool established under section 19 a sum equal to 40% of the licensee's net commission from all money wagered on the interstate simulcast, as determined by section 17(3) after first deducting from the licensee's statutory commission the applicable state tax on wagering due and payable under section 22 and the actual verified fee paid by the licensee to the sending host track to receive the interstate simulcast signal. The licensee shall retain the remaining balance of its net commission and shall be responsible for paying all other capital and operational expenses related to receiving interstate simulcasts at its race meeting. Any subsequent rebate of a fee paid by a licensee to receive interstate simulcast signals shall be shared equally by the licensee and the horsemen's simulcast purse pool established under section 19.
(5) A race meeting licensee licensed to conduct pari-mutuel horse racing in a city area shall provide the necessary equipment to send intertrack simulcasts of the live horse races conducted at its race meeting to all other race meeting licensees in this state, and shall send its intertrack simulcast signals to those licensees upon request for an agreed fee, which shall not exceed 3% of the total amount wagered on the race at the receiving track. Race meeting licensees that send or receive intertrack simulcasts shall make the following payments to the horsemen's purse pools:
(a) Each race meeting licensee that sends an intertrack simulcast shall pay 50% of the simulcast fee that it receives for sending the simulcast signal to the horsemen's purse pool at the sending track.
(b) Each race meeting licensee that receives an intertrack simulcast shall pay to the horsemen's simulcast purse pool established pursuant to section 19 a sum equal to 40% of the receiving track's net commission from wagering on the intertrack simulcast under section 17(3) after first deducting from the licensee's statutory commission the applicable state tax on wagering due and owing under section 22 and the actual verified fee paid by the receiving track to the sending host track to receive the intertrack simulcast signal.
(6) The racing commissioner may authorize a race meeting licensee to transmit simulcasts of live horse races conducted at its racetrack to locations outside of this state in accordance with the interstate horse racing act of 1978, Public Law 95-515, 15 U.S.C. 3001 to 3007, or any other applicable laws, and may permit pari-mutuel pools on such simulcast races created under the laws of the jurisdiction in which the receiving track is located to be combined in a common pool with pari-mutuel pools on the same races created in this state. A race meeting licensee that transmits simulcasts of its races to locations outside this state shall pay 50% of the fee that it receives for sending the simulcast signal to the horsemen's purse pool at the sending track after first deducting the actual verified cost of sending the signal out of state.
(7) Simulcasting of events other than horse races for purposes of pari-mutuel wagering is prohibited.
History: 1995, Act 279, Imd. Eff. Jan. 9, 1996 ;-- Am. 1998, Act 408, Imd. Eff. Dec. 21, 1998 Admin Rule: R 285.812.1 et seq. of the Michigan Administrative Code.
HORSE RACING LAW OF 1995 (EXCERPT) Act 279 of 1995
431.318 Simulcast; authorization; definition; “intertrack simulcast” and “interstate simulcast” explained; permit; conditions; wagering; pools; payment to horsemen's simulcast pool; transmission of simulcast signals; simulcasting other events prohibited.
Sec. 18.
(1) Simulcasting by race meeting licensees may be authorized by the racing commissioner subject to the limitations of this section. As used in this section, “simulcast” means the live transmission of video and audio signals conveying a horse race held either inside or outside this state to a licensed race meeting in this state. A simulcast from 1 racetrack in this state to another racetrack in this state shall be called an “intertrack simulcast”. A simulcast from a racetrack outside this state to a racetrack inside this state shall be called an “interstate simulcast”.
(2) The holder of a race meeting license may apply to the racing commissioner, in the manner and form required by the commissioner, for a permit to televise simulcasts of horse races to viewing areas within the enclosure of the licensed racetrack at which the applicant is licensed to conduct its race meeting. The commissioner may issue a permit for individual race and full card simulcasts televised during, between, before, or after programmed live horse races on any day that live racing is conducted by the applicant, and also on other days during the term of the applicant's license when the applicant does not conduct live horse racing, subject to the following conditions:
(a) The applicant shall have a current contract with a certified horsemen's organization.
(b) The applicant shall have applied for and been allocated the minimum number of live racing dates required by section 12(1) to (5), subject to the availability of adequate horse supply as determined by the racing commissioner.
(c) The applicant shall make a continuing good faith effort throughout the duration of its race meeting to program and conduct not less than 9 live horse races on each live racing date allocated to the applicant.
(d) The certified horsemen's organization with which the applicant has contracted shall have consented to the requested simulcasts on any live racing day when the applicant is unable to program and conduct not less than 9 live horse races, if required by section 12(6).
(e) If the requested simulcasts are interstate, the applicant shall waive in writing any right that the applicant may have under the interstate horse racing act of 1978, Public Law 95-515, 15 U.S.C. 3001 to 3007, to restrict interstate simulcasts by other race meeting licensees in this state.
(f) If the applicant conducts its race meeting in a city area, the applicant shall make the video and audio signals of its live horse races available for intertrack simulcasting to all licensed race meetings in this state located more than 12 miles from the applicant's race meeting. The applicant shall charge each race meeting licensee the same fee to receive its live signals for intertrack simulcasting. The fee shall not exceed 3% of the total amount wagered on the intertrack simulcast at each race meeting that receives the simulcast.
(g) Except as otherwise agreed by the race meeting licensees in a city area and the respective certified horsemen's organizations with which they contract, a licensee in a city area shall receive all available intertrack simulcasts from licensed race meetings in the city area located more than 12 miles from the licensee's race meeting.
(h) A licensed race meeting outside a city area shall not conduct interstate simulcasts unless it also receives all intertrack simulcasts from licensed race meetings in a city area that are available.
(i) All applicants conducting licensed race meetings in a city area shall authorize all other race meeting licensees in the state to conduct simulcasts of the breed for which the applicant is licensed to conduct live horse racing. An applicant may not conduct interstate simulcasts unless authorization to do so is given by the applicant, in accordance with subdivision (j), permitting all other race meeting licensees to receive interstate simulcasts of a different breed than they are licensed to race live.
(j) A race meeting licensee shall not conduct an interstate simulcast of a different breed than it is licensed to race live at its race meeting, unless the licensee has the written permission of all race meeting licensees in a city area that are licensed to race that breed live at their race meetings.
(k) All authorized simulcasts shall be conducted in compliance with the written permit and related orders issued by the racing commissioner and all other requirements and conditions of this act and the rules of the racing commissioner promulgated under this act.
(l) All authorized interstate simulcasts shall also comply with the interstate horse racing act of 1978, Public Law 95-15, 15 U.S.C. 3001 to 3007.
(3) All forms of wagering by pari-mutuel methods provided for under this act for live racing shall be allowed on simulcast horse races authorized under this section. All money wagered on simulcast horse races at a licensed race meeting shall be included in computing the total amount of all money wagered at the licensed race meeting for purposes of section 17. When the simulcast is an interstate simulcast, the money wagered on that simulcast shall form a separate pari-mutuel pool at the receiving track unless 2 or more licensees receive the same interstate simulcast signals or the racing commissioner permits the receiving track to combine its interstate simulcast pool with the pool created at the out-of-state sending track on the same race. If 2 or more licensees receive the same interstate simulcast signals, the money wagered on the simulcasts shall be combined in a common pool and the licensees shall jointly agree and designate at which race meeting the common pool will be located. However, if the law of the jurisdiction in which the sending racetrack is located permits interstate common pools at the sending racetrack, the racing commissioner may permit pari-mutuel pools on interstate simulcast races in this state to be combined with pari-mutuel pools on the same races created at the out-of-state sending racetrack. If the pari-mutuel pools on the interstate simulcast races in this state are combined in a common pool at the out-of-state sending track, then the commissions described in section 17 on the pool created in this state shall be adjusted to equal the commissions in effect at the sending track under the laws of its jurisdiction. If the simulcast is an intertrack simulcast, the money wagered on that simulcast at the receiving racetrack shall be added to the pari-mutuel pool at the sending racetrack.
(4) Each race meeting licensee that receives an interstate simulcast shall pay to the horsemen's simulcast purse pool established under section 19 a sum equal to 40% of the licensee's net commission from all money wagered on the interstate simulcast, as determined by section 17(3) after first deducting from the licensee's statutory commission the applicable state tax on wagering due and payable under section 22 and the actual verified fee paid by the licensee to the sending host track to receive the interstate simulcast signal. The licensee shall retain the remaining balance of its net commission and shall be responsible for paying all other capital and operational expenses related to receiving interstate simulcasts at its race meeting. Any subsequent rebate of a fee paid by a licensee to receive interstate simulcast signals shall be shared equally by the licensee and the horsemen's simulcast purse pool established under section 19.
(5) A race meeting licensee licensed to conduct pari-mutuel horse racing in a city area shall provide the necessary equipment to send intertrack simulcasts of the live horse races conducted at its race meeting to all other race meeting licensees in this state, and shall send its intertrack simulcast signals to those licensees upon request for an agreed fee, which shall not exceed 3% of the total amount wagered on the race at the receiving track. Race meeting licensees that send or receive intertrack simulcasts shall make the following payments to the horsemen's purse pools:
(a) Each race meeting licensee that sends an intertrack simulcast shall pay 50% of the simulcast fee that it receives for sending the simulcast signal to the horsemen's purse pool at the sending track.
(b) Each race meeting licensee that receives an intertrack simulcast shall pay to the horsemen's simulcast purse pool established pursuant to section 19 a sum equal to 40% of the receiving track's net commission from wagering on the intertrack simulcast under section 17(3) after first deducting from the licensee's statutory commission the applicable state tax on wagering due and owing under section 22 and the actual verified fee paid by the receiving track to the sending host track to receive the intertrack simulcast signal.
(6) The racing commissioner may authorize a race meeting licensee to transmit simulcasts of live horse races conducted at its racetrack to locations outside of this state in accordance with the interstate horse racing act of 1978, Public Law 95-515, 15 U.S.C. 3001 to 3007, or any other applicable laws, and may permit pari-mutuel pools on such simulcast races created under the laws of the jurisdiction in which the receiving track is located to be combined in a common pool with pari-mutuel pools on the same races created in this state. A race meeting licensee that transmits simulcasts of its races to locations outside this state shall pay 50% of the fee that it receives for sending the simulcast signal to the horsemen's purse pool at the sending track after first deducting the actual verified cost of sending the signal out of state.
(7) Simulcasting of events other than horse races for purposes of pari-mutuel wagering is prohibited.
History: 1995, Act 279, Imd. Eff. Jan. 9, 1996 ;-- Am. 1998, Act 408, Imd. Eff. Dec. 21, 1998 Admin Rule: R 285.812.1 et seq. of the Michigan Administrative Code.
HORSE RACING LAW OF 1995 (EXCERPT) Act 279 of 1995
431.318 Simulcast; authorization; definition; “intertrack simulcast” and “interstate simulcast” explained; permit; conditions; wagering; pools; payment to horsemen's simulcast pool; transmission of simulcast signals; simulcasting other events prohibited.
Sec. 18.
(1) Simulcasting by race meeting licensees may be authorized by the racing commissioner subject to the limitations of this section. As used in this section, “simulcast” means the live transmission of video and audio signals conveying a horse race held either inside or outside this state to a licensed race meeting in this state. A simulcast from 1 racetrack in this state to another racetrack in this state shall be called an “intertrack simulcast”. A simulcast from a racetrack outside this state to a racetrack inside this state shall be called an “interstate simulcast”.
(2) The holder of a race meeting license may apply to the racing commissioner, in the manner and form required by the commissioner, for a permit to televise simulcasts of horse races to viewing areas within the enclosure of the licensed racetrack at which the applicant is licensed to conduct its race meeting. The commissioner may issue a permit for individual race and full card simulcasts televised during, between, before, or after programmed live horse races on any day that live racing is conducted by the applicant, and also on other days during the term of the applicant's license when the applicant does not conduct live horse racing, subject to the following conditions:
(a) The applicant shall have a current contract with a certified horsemen's organization.
(b) The applicant shall have applied for and been allocated the minimum number of live racing dates required by section 12(1) to (5), subject to the availability of adequate horse supply as determined by the racing commissioner.
(c) The applicant shall make a continuing good faith effort throughout the duration of its race meeting to program and conduct not less than 9 live horse races on each live racing date allocated to the applicant.
(d) The certified horsemen's organization with which the applicant has contracted shall have consented to the requested simulcasts on any live racing day when the applicant is unable to program and conduct not less than 9 live horse races, if required by section 12(6).
(e) If the requested simulcasts are interstate, the applicant shall waive in writing any right that the applicant may have under the interstate horse racing act of 1978, Public Law 95-515, 15 U.S.C. 3001 to 3007, to restrict interstate simulcasts by other race meeting licensees in this state.
(f) If the applicant conducts its race meeting in a city area, the applicant shall make the video and audio signals of its live horse races available for intertrack simulcasting to all licensed race meetings in this state located more than 12 miles from the applicant's race meeting. The applicant shall charge each race meeting licensee the same fee to receive its live signals for intertrack simulcasting. The fee shall not exceed 3% of the total amount wagered on the intertrack simulcast at each race meeting that receives the simulcast.
(g) Except as otherwise agreed by the race meeting licensees in a city area and the respective certified horsemen's organizations with which they contract, a licensee in a city area shall receive all available intertrack simulcasts from licensed race meetings in the city area located more than 12 miles from the licensee's race meeting.
(h) A licensed race meeting outside a city area shall not conduct interstate simulcasts unless it also receives all intertrack simulcasts from licensed race meetings in a city area that are available.
(i) All applicants conducting licensed race meetings in a city area shall authorize all other race meeting licensees in the state to conduct simulcasts of the breed for which the applicant is licensed to conduct live horse racing. An applicant may not conduct interstate simulcasts unless authorization to do so is given by the applicant, in accordance with subdivision (j), permitting all other race meeting licensees to receive interstate simulcasts of a different breed than they are licensed to race live.
(j) A race meeting licensee shall not conduct an interstate simulcast of a different breed than it is licensed to race live at its race meeting, unless the licensee has the written permission of all race meeting licensees in a city area that are licensed to race that breed live at their race meetings.
(k) All authorized simulcasts shall be conducted in compliance with the written permit and related orders issued by the racing commissioner and all other requirements and conditions of this act and the rules of the racing commissioner promulgated under this act.
(l) All authorized interstate simulcasts shall also comply with the interstate horse racing act of 1978, Public Law 95-15, 15 U.S.C. 3001 to 3007.
(3) All forms of wagering by pari-mutuel methods provided for under this act for live racing shall be allowed on simulcast horse races authorized under this section. All money wagered on simulcast horse races at a licensed race meeting shall be included in computing the total amount of all money wagered at the licensed race meeting for purposes of section 17. When the simulcast is an interstate simulcast, the money wagered on that simulcast shall form a separate pari-mutuel pool at the receiving track unless 2 or more licensees receive the same interstate simulcast signals or the racing commissioner permits the receiving track to combine its interstate simulcast pool with the pool created at the out-of-state sending track on the same race. If 2 or more licensees receive the same interstate simulcast signals, the money wagered on the simulcasts shall be combined in a common pool and the licensees shall jointly agree and designate at which race meeting the common pool will be located. However, if the law of the jurisdiction in which the sending racetrack is located permits interstate common pools at the sending racetrack, the racing commissioner may permit pari-mutuel pools on interstate simulcast races in this state to be combined with pari-mutuel pools on the same races created at the out-of-state sending racetrack. If the pari-mutuel pools on the interstate simulcast races in this state are combined in a common pool at the out-of-state sending track, then the commissions described in section 17 on the pool created in this state shall be adjusted to equal the commissions in effect at the sending track under the laws of its jurisdiction. If the simulcast is an intertrack simulcast, the money wagered on that simulcast at the receiving racetrack shall be added to the pari-mutuel pool at the sending racetrack.
(4) Each race meeting licensee that receives an interstate simulcast shall pay to the horsemen's simulcast purse pool established under section 19 a sum equal to 40% of the licensee's net commission from all money wagered on the interstate simulcast, as determined by section 17(3) after first deducting from the licensee's statutory commission the applicable state tax on wagering due and payable under section 22 and the actual verified fee paid by the licensee to the sending host track to receive the interstate simulcast signal. The licensee shall retain the remaining balance of its net commission and shall be responsible for paying all other capital and operational expenses related to receiving interstate simulcasts at its race meeting. Any subsequent rebate of a fee paid by a licensee to receive interstate simulcast signals shall be shared equally by the licensee and the horsemen's simulcast purse pool established under section 19.
(5) A race meeting licensee licensed to conduct pari-mutuel horse racing in a city area shall provide the necessary equipment to send intertrack simulcasts of the live horse races conducted at its race meeting to all other race meeting licensees in this state, and shall send its intertrack simulcast signals to those licensees upon request for an agreed fee, which shall not exceed 3% of the total amount wagered on the race at the receiving track. Race meeting licensees that send or receive intertrack simulcasts shall make the following payments to the horsemen's purse pools:
(a) Each race meeting licensee that sends an intertrack simulcast shall pay 50% of the simulcast fee that it receives for sending the simulcast signal to the horsemen's purse pool at the sending track.
(b) Each race meeting licensee that receives an intertrack simulcast shall pay to the horsemen's simulcast purse pool established pursuant to section 19 a sum equal to 40% of the receiving track's net commission from wagering on the intertrack simulcast under section 17(3) after first deducting from the licensee's statutory commission the applicable state tax on wagering due and owing under section 22 and the actual verified fee paid by the receiving track to the sending host track to receive the intertrack simulcast signal.
(6) The racing commissioner may authorize a race meeting licensee to transmit simulcasts of live horse races conducted at its racetrack to locations outside of this state in accordance with the interstate horse racing act of 1978, Public Law 95-515, 15 U.S.C. 3001 to 3007, or any other applicable laws, and may permit pari-mutuel pools on such simulcast races created under the laws of the jurisdiction in which the receiving track is located to be combined in a common pool with pari-mutuel pools on the same races created in this state. A race meeting licensee that transmits simulcasts of its races to locations outside this state shall pay 50% of the fee that it receives for sending the simulcast signal to the horsemen's purse pool at the sending track after first deducting the actual verified cost of sending the signal out of state.
(7) Simulcasting of events other than horse races for purposes of pari-mutuel wagering is prohibited.
History: 1995, Act 279, Imd. Eff. Jan. 9, 1996 ;-- Am. 1998, Act 408, Imd. Eff. Dec. 21, 1998 Admin Rule: R 285.812.1 et seq. of the Michigan Administrative Code.
