Title 431, RACING, BOXING, AND EXHIBITIONS

Sec. 5. Before beginning his or her duties of office, the racing commissioner shall take the constitutional oath of office with the condition that he or she will competently and faithfully execute and perform all the duties pertaining to the office according to the laws of this s…

Sec. 6. (1) The racing commissioner shall receive an annual salary as appropriated by the legislature. The racing commissioner shall appoint 2 deputy commissioners and 3 state stewards of racing as special deputies for each licensed race meeting in the state. For the purpose of c…

Sec. 6a. (1) The horse racing advisory commission is created within the department of agriculture and rural development. (2) The advisory commission consists of the following members, appointed by the governor: (a) An individual who has knowledge about and expertise in horse raci…

Sec. 7. (1) The racing commissioner may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for conducting horse racing, pari-mutuel wagering on horse racing results, and simulcasting. The rules promulgated under this section…

Sec. 8. (1) The racing commissioner may issue the following general classes of licenses: (a) Occupational licenses issued to individuals participating in, involved in, or otherwise having to do with horse racing, pari-mutuel wagering, or simulcasting at a licensed race meeting in…

Sec. 8a. (1) If the racing commissioner determines that all of the requirements of this act for issuing a race meeting license are met, the racing commissioner shall issue a race meeting license to the holder of a casino license issued under section 6 of the Michigan Gaming Contr…

Sec. 9. (1) The racing commissioner shall issue, without further application, a track license to any person holding a valid track license under former 1980 PA 327, and maintaining or operating a licensed horse racetrack as of January 9, 1996 at which wagering by pari-mutuel metho…

Sec. 9a. Each holder of the track license shall post a toll-free compulsive gaming helpline number at each entrance and exit of the racetrack and at each location on the racetrack where wagers on horse races are accepted and shall include that number on all advertisement and prom…

Sec. 9b. (1) The holder of a track license shall work with the department of human services and with persons that provide point of sale device or automated teller machine services on the license holder's premises to prevent an individual's access to cash benefits from Michigan br…

Sec. 10. (1) A person that desires to conduct a thoroughbred or standardbred race meeting, or a combination of these race meetings, with pari-mutuel wagering on the results of live and simulcast horse races under this act shall apply each year to the racing commissioner for a rac…

Sec. 12. (1) An applicant for a license to conduct a thoroughbred race meeting shall apply to conduct not fewer than 30 days of live thoroughbred racing during its proposed race meeting. Except during the opening and closing week of a race meeting, the applicant shall apply to co…

Sec. 13. (1) A race meeting licensee shall have a current written contract with a certified horsemen's organization before it may conduct live or simulcast horse races with pari-mutuel wagering on the results of the races pursuant to its license. (2) The racing commissioner shall…

Sec. 14. (1) Before November 1 of the year preceding the year for which applications are made, the racing commissioner shall grant or deny each application for a race meeting license, allocate or deny the dates, for which application has been made, on which pari-mutuel wagering o…

Sec. 15. (1) Before March 31 of each year, each holder of a race meeting or track license shall file with the racing commissioner a certified statement of receipts from all sources during the previous calendar year and of all expenses and disbursements, itemized in a manner and o…

Sec. 16. (1) Each person participating in or having to do with pari-mutuel horse racing or pari-mutuel wagering on the results of horse races at a licensed race meeting, including, but not limited to, all racing officials, veterinarians, pari-mutuel clerks or tellers, totalisator…

Sec. 17. (1) The pari-mutuel system of wagering on the results of horse races as permitted by this act is not unlawful. All forms of pari-mutuel wagering must be conducted under a race meeting license preapproved by the racing commissioner by rule or written order of the commissi…

Sec. 18. (1) Simulcasting by race meeting licensees may be authorized by the racing commissioner subject to the limitations of this section. Except as specifically provided in section 12, a race meeting licensee shall not conduct simulcast wagering unless the race meeting license…

Sec. 19. (1) Subject to subsection (2), a race meeting licensee shall pay an amount equal to not less than 25% and not more than 40% of the net commission generated at the licensee's race meeting to a site-specific horsemen's purse account. Money paid into a horsemen's purse acco…

Sec. 19a. If a track license is surrendered, revoked, or escrowed, or a licensed track is closed, the racing commissioner shall order the horsemen's purse pool money from the track be transferred to a depository designated by a race meeting licensee on written direction of the af…

Sec. 19b. Money that was to be distributed to a certified horsemen's organization but that was placed and remains in escrow under an escrow order of the racing commissioner before the effective date of the amendatory act that added this section must be used by September 1, 2017 f…

Sec. 19c. The Michigan Harness Horsemen's Association shall not expend the money it is holding in its horsemen's simulcast purse account that was transferred under an order of the racing commissioner dated April 8, 2019 until June 1, 2020, on which date the Michigan Harness Horse…

Sec. 20. (1) It is the policy of this state to encourage the breeding of horses of all breeds in this state and the ownership of such horses by residents of this state to provide for sufficient numbers of high quality race horses of all breeds to participate in licensed race meet…

Sec. 20a. The tax imposed under section 22 on wagers processed through licensed third-party facilitators operating under this act must be allocated as follows: (a) Ninety percent to be deposited in the Michigan agriculture and equine industry development fund created under sectio…

Sec. 21. Local units of government participating in the distribution of funds under section 17(4) shall provide for adequate police, fire, and traffic protection of persons and property at and near each race meet, including areas where occupational licenses are required. Each loc…

Sec. 22. (1) A licensed racetrack shall pay a license fee to the racing commissioner of $1,000.00 annually. (2) Each holder of a race meeting license shall pay to the state treasurer, from the holder's commission, as follows: (a) A tax in the amount of 3.5% of money wagered on in…

Sec. 23. (1) The auditing of pari-mutuel operations at each race meeting shall be performed by a private auditing firm appointed by the state treasurer and approved by the racing commissioner. The expense of pari-mutuel audits shall be paid by the state as a part of the state tre…

Sec. 24. A person licensed under this act shall not knowingly permit the dissemination of racing information that might be of benefit to the operator of an illegal handbook or other illegal gambling enterprise, including the changes in odds which may take place during the period …

Sec. 25. To the extent information is disclosed by any race meeting licensee under this act regarding the name, address, or any other personal information, including financial information, of any patron of the licensee, neither the office of the racing commissioner nor any other …

Sec. 26. (1) Except as provided for in section 20, this act applies to county or state fairs or to agricultural or livestock exhibitions only if the pari-mutuel system of wagering upon the result of horse racing is conducted. (2) This act does not permit the pari-mutuel system of…

Sec. 27. A person shall not participate in racing involving wagering of any kind except as permitted under this act.

Sec. 28. Except as provided in section 21, a political subdivision of this state shall not assess or collect an excise or license tax or fee from a person licensed under this act based upon an activity performed under this act.

Sec. 29. A person who willfully aids, assists, or abets the violation of this act or the rules promulgated under this act is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 or by imprisonment for not more than 1 year, or both. For the purpose of this sect…

Sec. 30. (1) A drug or foreign substance must not be administered to a horse that is intended to be entered or is entered, or be present in a horse that participates, in a race with pari-mutuel wagering or any nonbetting race or workout that is conducted at a licensed race meetin…

Sec. 31. (1) Except as provided in subsection (3), a person who does any of the following, or who aids or abets another in doing any of the following, is guilty of a misdemeanor punishable by a fine of not more than $10,000.00 or by imprisonment for not more than 1 year, or both:…

Sec. 32. A person influencing or attempting to influence the result of a race or workout at a licensed race meeting in this state, by offer of money, thing of value, future benefit, favor, preferment; by any form of pressure or threat; or by seeking or having an agreement, unders…

Sec. 33. A person who has information regarding a violation or attempted violation of sections 30, 31, or 32 shall immediately report that information to the racing commissioner or an agent of the racing commissioner. A person who violates this section is guilty of a misdemeanor …

Sec. 34. In addition to the penalties provided in sections 29, 30, 31, 32, and 33, the holder of a license who violates section 29, 30, 31, 32, or 33 is subject to penalties prescribed by the racing commissioner that may include the suspension or revocation of the person's licens…

Sec. 35. Act No. 327 of the Public Acts of 1980, being sections 431.61 to 431.88 of the Michigan Compiled Laws, is repealed.

Sec. 36. This act shall take effect January 1, 1996.