Michigan Compiled Laws
Act 279 of 1995 - Horse Racing Law of 1995 (431.301 - 431.336)
Section 431.302 - Definitions.

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 company, or co-partner in a limited liability partnership with a person who holds or applies for a race meeting or track license under this act. For purposes of this subdivision, a controlling interest is a pecuniary interest of more than 15%.
(b) "Breaks" means the cents over any multiple of 10 otherwise payable to a patron on a wager of $1.00.
(c) "Certified horsemen's organization" means an organization that is registered with the office of racing commissioner in a manner and form required by the racing commissioner and that can demonstrate all of the following:
(i) The organization's capacity to supply horses.
(ii) The organization's ability to assist a race meeting licensee in conducting the licensee's racing program.
(iii) The organization's ability to monitor and improve physical conditions and controls for individuals and horses participating at licensed race meetings.
(iv) The organization's ability to protect the financial interests of the individuals participating at licensed race meetings.
(d) "Commissioner" or "racing commissioner" means the executive director of the Michigan gaming control board appointed under section 4 of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.204, who is ordered under Executive Reorganization Order No. 2009-31, MCL 324.99919, to perform all the functions and exercise the powers performed and exercised by the racing commissioner before that position was abolished.
(e) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(f) "Day of operation" means a period of 24 hours beginning at 12 noon and ending at 11:59 a.m. the following day.
(g) "Drug" means any of the following:
(i) A substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals.
(ii) A substance, other than food, intended to affect the structure or condition or any function of the body of humans or other animals.
(iii) A substance intended for use as a component of a substance specified in subparagraph (i) or (ii).
(h) "Fair" means a county, district, or community fair or a state fair.
(i) "Foreign substance" means a substance, or its metabolites, that does not exist naturally in an untreated horse or, if natural to an untreated horse, exists at an unnaturally high physiological concentration as a result of having been administered to the horse.
(j) "Full card simulcast" means an entire simulcast racing program of 1 or more race meeting licensees located in this state, or an entire simulcast racing program of 1 or more races simulcasted from 1 or more racetracks located outside of this state.
(k) "Horsemen's simulcast purse account" means an account maintained with a financial institution and managed by a designated agent as described in section 19 to receive and distribute money as provided in this act.
(l) "Member of the immediate family" means the spouse, child, parent, or sibling.
(m) "Net commission" means the amount determined under 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 simulcast signal.
(n) "Office of the racing commissioner" means the horse racing section of the horse racing, audit, and gaming technology division of the Michigan gaming control board created by section 4 of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.204, which operates under the direction of the executive director of the Michigan gaming control board, to which Executive Reorganization Order No. 2009-31, MCL 324.99919, transferred all of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the office of racing commissioner that previously existed under this act and that was abolished by that executive reorganization order.
(o) "Pari-mutuel" and "pari-mutuel wagering" mean the form or system of gambling in which the winner or winners divide the total amount of money bet, after deducting the net commission.
(p) "Person" means an individual, firm, partnership, corporation, association, or other legal entity.
(q) "Purse pool" means an amount of money allocated or apportioned to pay prizes for horse races and from which payments may be made to certified horsemen's organizations as provided in this act.
(r) "Standardbred" means a horse registered with the United States Trotting Association that races on designated gaits of pace or trot.
(s) "Thoroughbred" means a thoroughbred, quarter, paint, Arabian, or other breed horse. Thoroughbred does not include a standardbred.
(t) "Veterinarian" means an individual licensed to practice veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838, or under a state or federal law applicable to the individual.
History: 1995, Act 279, Imd. Eff. Jan. 9, 1996 ;-- Am. 2006, Act 445, Imd. Eff. Nov. 27, 2006 ;-- Am. 2016, Act 271, Imd. Eff. July 1, 2016

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 431 - Racing, Boxing, and Exhibitions

Act 279 of 1995 - Horse Racing Law of 1995 (431.301 - 431.336)

Section 431.301 - Short Title.

Section 431.302 - Definitions.

Section 431.303 - Office of Racing Commissioner; Creation; Powers and Duties of Racing Commissioner.

Section 431.304 - Racing Commissioner; Appointment; Qualifications; Individuals Prohibited From Wagering.

Section 431.305 - Racing Commissioner; Oath of Office.

Section 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.

Section 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.

Section 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...

Section 431.308 - Issuance of Licenses; General Classes; Prohibition; Limitation Pari-Mutuel Wagering.

Section 431.308a - Holder of Casino License; Issuance of Race Meeting License; Limitation.

Section 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.

Section 431.309a - Toll-Free Compulsive Gaming Helpline Number; Posting.

Section 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.

Section 431.310 - Thoroughbred or Standardbred Race Meeting; Live and Simulcast Horse Races; Race Meeting License; Application; Filing; Investigation to Determine Compliance.

Section 431.312 - Applicant for License to Conduct Thoroughbred or Standardbred Race Meeting; Live Racing and Simulcast Requirements; Amended License.

Section 431.313 - Contracts With Certified Horsemen's Organizations.

Section 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...

Section 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.

Section 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;...

Section 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 Price...

Section 431.318 - Simulcast; Authorization; Permit; Conditions; Wagering; Pools; Providing Equipment and Simulcast Signals to Other Licensees; Fees; Simulcasting Other Events Prohibited; Definitions.

Section 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.

Section 431.319a - Surrender, Revocation, or Escrow of License; Transfer of Purse Pool Money.

Section 431.319b - Money Placed in Escrow Before Effective Date of Amendatory Act; Use by September 1, 2017.

Section 431.319c - Michigan Harness Horsemen's Association; Transfer and Use of Money.

Section 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 Disbursem...

Section 431.320a - Allocation of Tax.

Section 431.321 - Police, Fire, and Traffic Protection.

Section 431.322 - License Fee and Tax.

Section 431.323 - Audits.

Section 431.324 - Prohibited Dissemination of Racing Information.

Section 431.325 - Disclosure of Certain Information; Confidentiality.

Section 431.326 - Applicability of Act to County or State Fairs or Agricultural or Livestock Exhibitions.

Section 431.327 - Wagering Prohibited; Exception.

Section 431.328 - Assessment or Collection of Tax or Fees Prohibited; Exception.

Section 431.329 - Aiding, Assisting, or Abetting Violation as Misdemeanor; Penalty.

Section 431.330 - Administration of Drug or Foreign Substance.

Section 431.331 - Prohibited Acts; Violation as Misdemeanor; Penalty; Exceptions.

Section 431.332 - Influencing or Attempting to Influence Result of Race or Workout as Felony; Penalty.

Section 431.333 - Information Regarding Violation of MCL 431.330, 431.331, or 431.332; Violation as Misdemeanor; Penalty.

Section 431.334 - Additional Penalties.

Section 431.335 - Repeal of MCL 431.61 to 431.88.

Section 431.336 - Effective Date.