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Michigan Statutes, Title 431

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Michigan/Statutes

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Title 431, RACING, BOXING, AND EXHIBITIONS

7 chapters · 49 sections in this title.

All chapters in Title 43149 Ch 279-of-1995, HORSE RACING LAW OF 199543 Ch 90-of-1951, RACING MEETS4 Ch R.S.-of-1846, Revised Statutes of 18462

49 sections·Filtered byTitle 431✕

Mich. Comp. Laws § 431.201 Theatrical exhibitions and public shows; licensing, regulations.
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Sec. 1. The township board of any township, or the corporate board of any village, may at any meeting held for that purpose, license theatrical exhibitions, public shows, and such other exhibitions as they deem proper, to which admission is obtained on payment of money, upon such…
Mich. Comp. Laws § 431.202 Theatrical exhibitions and public shows; operating without license, violation deemed separate offense, penalty.
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Sec. 2. Any person who shall set up or promote any such exhibition or show, or shall publish or advertise the same, or otherwise aid or assist therein, without a license first obtained, as provided in the preceding section, or contrary to the terms and conditions of such license,…
Mich. Comp. Laws § 431.252 Unclaimed funds for payment of winning tickets; retention and distribution.
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Sec. 2. For the calendar year 1998 and each year thereafter, all funds held by any 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 not been claimed by the ow…
Mich. Comp. Laws § 431.253 Cashed winning tickets; delivery to racing commissioner.

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Sec. 3. A licensee who pays a winning ticket subsequent to the last day of a race meeting shall preserve the cashed winning ticket and deliver it to the racing commissioner.

Mich. Comp. Laws § 431.254 Delivery of funds and reports; release and discharge for liability; exception.

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Sec. 4. The licensee upon taking proper receipt from the racing commissioner for funds and records delivered to the racing commissioner under this act and delivering a copy of the cashed winning ticket to the racing commissioner shall be released and discharged for all liability …

Mich. Comp. Laws § 431.257 Violation of act; penalty.

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Sec. 7. Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor, punishable by a fine of not less than $1,000.00 nor more than $2,000.00, or imprisonment in the county jail for not less than 1 year or in a state prison for not more than 2 y…

Mich. Comp. Laws § 431.301 Short title.

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Sec. 1. This act shall be known and may be cited as the "horse racing law of 1995".

Mich. Comp. Laws § 431.302 Definitions.

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Sec. 2. As used in this act: (a) "Affiliate" means a person who, directly or indirectly, controls, is controlled by, or is under common control with; is in a partnership or joint venture relationship with; or is a co-shareholder of a corporation, co-member of a limited liability …

Mich. Comp. Laws § 431.303 Office of racing commissioner; creation; powers and duties of racing commissioner.

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Sec. 3. The office of racing commissioner is created within the department of agriculture. The racing commissioner has the powers and duties prescribed in this act and shall administer the provisions of this act relating to licensing, enforcement, and regulation. The racing commi…

Mich. Comp. Laws § 431.304 Racing commissioner; appointment; qualifications; individuals prohibited from wagering.

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Sec. 4. (1) The racing commissioner shall be appointed for a term of 4 years by the governor by and with the advice and consent of the senate. (2) The racing commissioner shall be a resident of this state and during his or her term of office shall not be a stockholder of, or be d…

Mich. Comp. Laws § 431.305 Racing commissioner; oath of office.

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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…

Mich. Comp. Laws § 431.306 Racing commissioner; salary; appointment of deputy commissioners and state stewards as special deputies; powers and duties; employment of other personnel; record of proceedings and preservation of documents; annual report.

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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…

Mich. Comp. Laws § 431.306a Horse racing advisory commission; creation; membership; appointment; terms; removal; chairperson; meetings; business at public meetings; writings subject to MCL 15.231 to 15.246.

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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…

Mich. Comp. Laws § 431.307 Rules; security; sanctions; approval of certain extensions, additions, modifications, or improvements; compelling production of books, records, memoranda, data, and documents; removal of employee or official; compliance; failure of witness to appear or testify; false testimony as felony; penalty.

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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…

Mich. Comp. Laws § 431.308 Issuance of licenses; general classes; prohibition; limitation pari-mutuel wagering.

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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…

Mich. Comp. Laws § 431.308a Holder of casino license; issuance of race meeting license; limitation.

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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…

Mich. Comp. Laws § 431.309 Track license; issuance; validity; application; grant or denial of license; review; transfer to new racetrack owner; suspension or revocation of license; imposition of fine; appeal; prohibition.

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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…

Mich. Comp. Laws § 431.309a Toll-free compulsive gaming helpline number; posting.

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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…

Mich. Comp. Laws § 431.309b Point of sale device or automatic teller machine service located on license holder's premises; preventing access to cash benefits from Michigan bridge card; definition.

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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…

Mich. Comp. Laws § 431.310 Thoroughbred or standardbred race meeting; live and simulcast horse races; race meeting license; application; filing; investigation to determine compliance.

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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…

Mich. Comp. Laws § 431.312 Applicant for license to conduct thoroughbred or standardbred race meeting; live racing and simulcast requirements; amended license.

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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…

Mich. Comp. Laws § 431.313 Contracts with certified horsemen's organizations.

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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…

Mich. Comp. Laws § 431.314 Grant or denial of application for race meeting license; conditions for simulcast authorization; charitable organization; imposition of fine or revocation or suspension of license; notice; appeal; maintenance of account for deposit of money.

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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…

Mich. Comp. Laws § 431.315 Statement of receipts; filing; certification; availability to public; preparation; review; remittance of money due state or other entities; licensure of person and racetrack required.

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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…

Mich. Comp. Laws § 431.316 Occupational license; issuance; persons required to be licensed; exception; conditions to licensure; additional requirements; fingerprints; duties and responsibilities of trainer; suspension of occupational license; notice; hearing; appeal; license fee.

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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…

Mich. Comp. Laws § 431.317 Lawful forms of pari-mutuel wagering; preapproval by racing commissioner required; use of totalisator or other device; commission retained by holder of race meeting license; definitions; retention and payment of breaks; payoff prices of tickets; "minus pool" defined; patron less than 18 years old prohibited; wagering to occur at licensed race meeting; prohibited conduct; felony; penalty; "act or transaction relative to pari-mutuel wagering on results of live or simulcast horse races" defined.

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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…

Mich. Comp. Laws § 431.318 Simulcast; authorization; permit; conditions; wagering; pools; providing equipment and simulcast signals to other licensees; fees; simulcasting other events prohibited; definitions.

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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…

Mich. Comp. Laws § 431.319 Payment into horsemen's purse account; disposition; distribution; payment of net commission on live and simulcast racing to the pari-mutuel horse racing disbursement account.

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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…

Mich. Comp. Laws § 431.319a Surrender, revocation, or escrow of license; transfer of purse pool money.

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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…

Mich. Comp. Laws § 431.319b Money placed in escrow before effective date of amendatory act; use by September 1, 2017.

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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…

Mich. Comp. Laws § 431.319c Michigan Harness Horsemen's Association; transfer and use of money.

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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…

Mich. Comp. Laws § 431.320 Michigan agriculture and equine industry development fund; payments to programs; carrying forward appropriated and allotted money; deposit in compulsive gaming prevention fund; rules; excess to the pari-mutuel horse racing disbursement account.

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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…

Mich. Comp. Laws § 431.320a Allocation of tax.

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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…

Mich. Comp. Laws § 431.321 Police, fire, and traffic protection.

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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…

Mich. Comp. Laws § 431.322 License fee and tax.

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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…

Mich. Comp. Laws § 431.323 Audits.

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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…

Mich. Comp. Laws § 431.324 Prohibited dissemination of racing information.

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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 …

Mich. Comp. Laws § 431.325 Disclosure of certain information; confidentiality.

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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 …

Mich. Comp. Laws § 431.326 Applicability of act to county or state fairs or agricultural or livestock exhibitions.

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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…

Mich. Comp. Laws § 431.327 Wagering prohibited; exception.

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

Mich. Comp. Laws § 431.328 Assessment or collection of tax or fees prohibited; exception.

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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.

Mich. Comp. Laws § 431.329 Aiding, assisting, or abetting violation as misdemeanor; penalty.

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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…

Mich. Comp. Laws § 431.330 Administration of drug or foreign substance.

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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…

Mich. Comp. Laws § 431.331 Prohibited acts; violation as misdemeanor; penalty; exceptions.

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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:…

Mich. Comp. Laws § 431.332 Influencing or attempting to influence result of race or workout as felony; penalty.

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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…

Mich. Comp. Laws § 431.333 Information regarding violation of MCL 431.330, 431.331, or 431.332; violation as misdemeanor; penalty.

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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 …

Mich. Comp. Laws § 431.334 Additional penalties.

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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…

Mich. Comp. Laws § 431.335 Repeal of MCL 431.61 to 431.88.

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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.

Mich. Comp. Laws § 431.336 Effective date.

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