August 8, 2007, Introduced by Rep. Hune and referred to the Committee on Regulatory Reform.
A bill to amend 1995 PA 279, entitled
"Horse racing law of 1995,"
by amending section 10 (MCL 431.310), as amended by 2000 PA 164.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) A person desiring to conduct a thoroughbred,
standardbred, quarter horse, Appaloosa, American paint horse, or
Arabian race meeting, or a combination of these race meetings, with
pari-mutuel wagering on the results of live and simulcast horse
races pursuant to this act shall apply each year to the racing
commissioner for a race meeting license in the manner and form
required
by the racing commissioner. The An
application to conduct
a race meeting other than a thoroughbred race meeting shall be
filed with the racing commissioner before September 1 of the
preceding
year. except that applications for 1999 racing dates may
be
filed at any time. An
application to conduct a thoroughbred race
meeting shall be filed with the commissioner before February 1 of
the year in which the meeting will be conducted. The application,
after being filed, shall be made available for public inspection
during regular business hours. The application shall be in writing
and shall give the name and address of the applicant, and, if the
applicant is a corporation or partnership, shall state the place of
the applicant's incorporation or partnership and the names and
addresses of all corporate directors, officers, shareholders, and
partners. The application shall also do all of the following:
(a) Specify the licensed racetrack at which the proposed race
meeting will be held.
(b) Specify whether the applicant requests or will request to
conduct simulcasting at the proposed race meeting and, if so,
demonstrate the applicant's ability to conduct simulcasting in
accordance with this act.
(c) Specify the horse breed for which the applicant desires to
conduct live racing at the proposed race meeting, and the days on
which the applicant proposes to conduct live horse racing at the
race meeting.
(d) Specify the time period during which the applicant
requests to be licensed during the calendar year immediately
following the date of application.
(e) Demonstrate to the racing commissioner that the applicant
and all persons associated with the applicant who hold any
beneficial or ownership interest in the business activities of the
applicant or who have power or ability to influence or control the
business decisions or actions of the applicant satisfy all of the
following requirements:
(i) Are persons of good character, honesty, and integrity.
(ii) Possess sufficient financial resources and business
ability and experience to conduct the proposed race meeting.
(iii) Do not pose a threat to the public interest of the state
or to the security and integrity of horse racing or pari-mutuel
wagering on the results of horse races in the state.
(f) Provide any other information required by the rules
promulgated under this act or by the racing commissioner.
(2) Upon the filing of the application for a race meeting
license, the racing commissioner shall conduct an investigation of
the applicant and the application to determine whether the
applicant, application, and proposed race meeting comply with the
licensing requirements under this act and the rules promulgated
under this act. Unless a different agreement is reached by all the
race meeting licensees in a city area, a race meeting licensee
shall not conduct a live thoroughbred horse race after 6:45 p.m. on
any day except Sunday. Unless a different agreement is reached by
all the race meeting licensees in a city area, a race meeting
licensee shall not conduct a live standardbred horse race before
6:45 p.m. on any day except Sunday. Notwithstanding the 6:45 p.m.
time restrictions, the commissioner, upon request by a race meeting
licensee, may grant to the race meeting licensee a race meeting
license authorizing any of the following:
(a) The licensee to conduct live horse racing programs that
would otherwise be prevented by the 6:45 p.m. time restriction, if
no other race meeting in a city area is licensed or authorized to
conduct live horse racing at the same time the licensee proposes to
conduct the requested live horse racing programs.
(b) Waiver of the 6:45 p.m. time restriction pursuant to the
written agreement of all race meeting licensees in the city area.
(c) The licensee to conduct live horse racing programs after
6:45 p.m., if the licensee is not in a city area and is 75 miles or
more from the nearest race meeting licensee authorized to conduct
live horse racing.