pa050598

Act No. 505

Public Acts of 1998

Approved by the Governor

January 7, 1999

Filed with the Secretary of State

January 8, 1999

EFFECTIVE DATE: January 8, 1999

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Senators Stille and McManus

ENROLLED SENATE BILL No. 1314

AN ACT 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); and to repeal acts and parts of acts.

The People of the State of Michigan enact:

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 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 shall be retained by the licensee.

(ii) Fifty percent of the funds shall be deposited into the Michigan agriculture equine 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 shall be retained by the licensee.

(ii) Fifty percent of the funds shall be deposited in the Michigan agriculture equine 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.

(i) Fifty percent of the funds shall be retained by the licensee.

(ii) Fifty percent of the funds shall be deposited in the Michigan agriculture equine 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 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.

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 or accountability to the owner of the funds, as well as 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 and report to the racing commissioner. 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. Sections 1, 5, and 6 of 1951 PA 90, MCL 431.251, 431.255, and 431.256, are repealed.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.