Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately enhance the quality of all forms of horse and dog racing in the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 2 of chapter 128 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following six paragraphs:-

(j) Promote, develop and encourage through the Massachusetts Standardbred Breeding Program, the breeding of standardbred horses in the commonwealth by offering cash prizes to breeders of such horses in the following manner: a representative organization of standardbred breeders and owners approved by the state racing commission, shall, from time to time in consultation with the chairman of the racing commission and the program manager for the equine division of the department of food and agriculture, set the percentages for purses and stallion awards to be awarded to the breeder of a Massachusetts standardbred horse; provided, however, that a maximum of fifteen percent of such sums shall be awarded to the owner, or lessee of the stallion who owned or leased such stallion at the time the stallion sired a Massachusetts standardbred horse.

The standardbred horses and stallions eligible to participate in the purses and stallion awards provided herein shall be limited to those of racing ages two and three and which have been sired by a Massachusetts registered stallion on file with the department of food and agriculture; provided, however, that the stallion stood the entire breeding season of February first through July fifteenth in the commonwealth in the year any such eligible foal was conceived.

The representative organization of standardbred breeders and owners approved by the state racing commission is further authorized to pay cash purses and stallion awards for stakes races limited to Massachusetts bred standardbred race horses and qualified Massachusetts stallions from the Massachusetts standardbred breeding program at licensed pari-mutuel race meetings authorized by the state racing commission. Such races may be betting or non-betting races and may or may not be scheduled races by the licensee conducting the racing meeting. All races for the standardbred breeding program shall be held at a licensed pari-mutuel facility. Purse monies and stallion awards paid by the representative organization approved by the state racing commission may be paid in such amounts as the representative organization shall determine and may be either the sole cash purse and stallion award for such races or may be supplemental to the cash purses and stallion awards established by the licensee of the pari-mutuel facility.

Prior to the first day of October of each year, each breeder standing a standardbred stallion in the commonwealth at either private or public service shall file with the department of food and agriculture: (a) a list of all standardbred mares bred to such stallion in that year; and (b) a verified statement representing that said stallion stood the entire breeding season in the commonwealth.

The representative organization is hereby further authorized to expend up to eight percent of the amount received each fiscal year for said program for advertising, marketing, promotion and administration of the standardbred breeding program in the commonwealth.

The state auditor shall annually audit the books of the qualified organization to ensure compliance with this section.

SECTION 2. Section 5 of chapter 128A of the General Laws, as so appearing, is hereby amended by striking out the second and third paragraphs and inserting in place thereof the following two paragraphs:-

No wagers on any race shall be received by a licensee unless they are made within the grounds of the licensee of the track on the day such race is held or simulcast or within thirty-six hours preceding such race or simulcast by patrons who purchase their betting tickets at the windows or booths provided therefore, or as otherwise authorized pursuant to the provisions of chapter one hundred and twenty-eight C. All wagers shall be made in money and no credit shall be extended to any person making such wagers.

No other place or method of betting, poolmaking, wagering or gambling shall be used or permitted by the licensee, nor shall this chapter be deemed to authorize or legalize the pari-mutuel or certificate system of wagering on any races except horse and dog races at the track where such pari-mutuel or certificate system of wagering is conducted; provided, however, that this prohibition shall not apply to wagering authorized pursuant to the provisions of chapter one hundred and twenty-eight C.

SECTION 3. Section 7 of said chapter 128A, as so appearing, is hereby amended by striking out, in line 1, the word "one" and inserting in place thereof the following word:- two.

SECTION 4. Section 9B of said chapter 128A, as so appearing, is hereby amended by striking out the eighth and ninth paragraphs and inserting in place thereof the following paragraph:-

Notwithstanding the provisions of this section, the commission may adopt emergency rules or regulations to protect the health or safety of the public, participants, or animals; provided, however, that no emergency rule or regulation shall attempt to regulate the dates, manner of wagering, or economic terms or conditions of horse and dog racing within the commonwealth; and provided, further, that such emergency rules and regulations shall expire within ninety days.

SECTION 5. The General Laws are hereby further amended by inserting after chapter 128A, the following chapter:- `tuc CHAPTER 128C. SIMULCAST WAGERING OF HORSE AND DOG RACING.

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

"Commission", the Massachusetts state racing commission.

"Dark days", those days during a racing season on which live racing is not conducted.

"Dark season", that period of consecutive days between racing seasons during which a racing meeting licensee may not conduct live racing performances.

"Full schedule of live racing performances", the conduct of no fewer than seven live races at not less than four separate racing performances each full week during a racing season.

"Guest track", a racing meeting licensee or an out-of-state pari-mutuel wagering facility which accepts any simulcast wager on a live race conducted at another track which is presented by simulcast at its facility.

"Host track", a racing meeting licensee or an out-of-state track which conducts a live race which is the subject of inter-track simulcasting and simulcast wagering.

"Inter-track simulcasting", the simulcast of a live race conducted at one track to another track, whether either of said tracks is inside or outside the commonwealth, to permit the recipient of the simulcast to accept simulcast wagers on the race.

"Racing card", a full program of up to ten races at a racing meeting licensee or a pari-mutuel licensee or other licensed wagering facility located outside the commonwealth on a specified day.

"Racing meeting licensee", a person licensed by the commission, under chapter one hundred and twenty-eight A or any special law, to conduct live horse or dog racing meetings; provided, however, that for the purposes of this chapter the words racing meeting licensee shall not include licensees holding racing meetings in connection with a state or county fair.

"Racing performance", the conduct of at least seven live races during one day.

"Racing season", that period of consecutive days including dark days during which a racing meeting licensee conducts a full schedule of live racing performances pursuant to his operating license.

"Same class", with respect to greyhound racing, greyhound races; with respect to thoroughbred racing, thoroughbred races; with respect to harness racing, harness races.

"Simulcast", the broadcast, transmission, receipt or exhibition, by any medium or manner, of a live race, including but not limited to, a system, network, or programmer which transmits, or receives, television or radio signals by wire, satellite, or otherwise.

"Simulcast wager", a wager taken at a guest track on a race conducted live at another track, whether inside or outside the commonwealth.

"Takeout", that amount of money wagered which is not returned as prize money to the wagerers and which does not include the breaks as defined in section five of chapter one hundred and twenty-eight A of the General Laws.

Section 2. A racing meeting licensee shall have the right to simulcast live races, for wagering purposes or otherwise, within the commonwealth and to and from pari-mutuel licensees or other licensed wagering facilities located outside the commonwealth. Such right shall only be exercised on any calendar day on which it conducts a racing performance, a dark day or during a dark season; provided, however, that any violation of the provisions of this chapter shall be cause for the commission to invoke its power to suspend or revoke its operating license pursuant to section eleven of chapter one hundred and twenty-eight A. Where two racing meeting licensees in Norfolk county use the same track during a calendar year, each of said licensees shall have the same rights to simulcast during any period of time between racing meetings. A racing meeting licensee shall make simulcasts of live races conducted by such racing meeting licensee available to all otherwise eligible racing meeting licensees, including greyhound racing meeting licensees who have successfully made application to the commission to simulcast, on the same terms, to include economic terms, and conditions. Such right to simulcast is subject to the following exceptions and conditions:

Each racing meeting licensee shall participate in the thoroughbred and standardbred horse and greyhound dog racing sweepstakes lottery as provided in section seven. In addition, each racing meeting licensee shall cooperate with the state lottery commission in establishing said lottery.

Each racing meeting licensee shall comply with the following applicable provisions.

All licensees licensed to conduct running horse racing meetings in Suffolk county, and, all licensees licensed to conduct running horse racing meetings or harness horse racing meetings in Norfolk county, not including running horse or harness horse racing meetings held in connection with a state or county fair, may simulcast live running horse or live harness horse races which are conducted at a host track, only.

All licensees licensed to conduct greyhound dog racing meetings, not including greyhound dog racing meetings held in connection with a state or county fair, may simulcast up to fifty racing cards and up to fifteen special events of national significance with purses of one hundred thousand dollars or more, during a racing season, only; provided, however, that each of these racing cards or special events shall be subject to application to and approval of the commission; provided, further, that where two or more greyhound dog racing meeting licensees in Bristol county use the same track during a calendar year, the total number of simulcasting days permitted at that facility shall be limited to said fifty racing cards and fifteen special events; provided, further, that the greyhound racing meeting licensee in Bristol county shall not be permitted to simulcast any thoroughbred or harness horse racing cards from a host track, whether within or without the commonwealth, in any calendar year, during the running horse racing meeting held in Norfolk county; provided, further, that the greyhound racing meeting licensee in Suffolk county shall not be permitted to simulcast any thoroughbred or harness horse racing cards from a host track, whether within or without the commonwealth, in any calendar year during the running horse racing meeting held in Suffolk county.

Whenever a racing meeting licensee within the commonwealth is conducting a full schedule of live racing performances of horses of either class, any other racing meeting licensee, whether during his racing season or his dark season, shall, if the licensee chooses to simulcast, simulcast the live racing performance from within the commonwealth and shall not simulcast any other race of the same class as the live racing performance until the end of the live racing performances within the commonwealth for that day, unless, there is a special event of the same class as the live racing performance, in which case, the special event shall be available to all otherwise eligible racing meeting licensees, including greyhound racing meeting licensees who have successfully made application to the commission to receive said special events, on the same terms, to include economic terms, and conditions that the out-of-state track makes the simulcast available to any other guest track.

All racing meeting licensees, whether acting as a host or guest track for simulcasting purposes shall file with the commission, clerk of the senate and clerk of the house of representatives a copy of all contracts, agreements, or conditions pursuant to which simulcast events are broadcast, transmitted or received which shall include provisions for takeout, commissions and charges.

No racing meeting licensee, whether acting as a guest track or a host track shall simulcast live races unless said licensee conducts a full schedule of live racing performances during a racing season, and if it appears that a racing meeting licensee is or will become unable to conduct a full schedule of live racing performances, the commission shall suspend such right to simulcast until said licensee conducts or resumes a full schedule of live racing performances; provided, further, that no racing meeting licensee shall simulcast live races in the nineteen hundred and ninety-three, nineteen hundred and ninety-four, and nineteen hundred and ninety-five racing seasons unless each said racing meeting licensee, in each of those racing seasons, is licensed to conduct no fewer than a total of one hundred and fifty racing performances; provided, however, that where two racing meeting licensees in Norfolk county use the same track during the calendar year, each thoroughbred horse racing meeting licensee, in each of those racing seasons, shall be licensed to conduct no fewer than a total of fifty racing performances and each harness horse racing meeting licensee, in each of those racing seasons, shall be licensed to conduct no fewer than a total of one hundred racing performances.

All simulcasts shall comply with the provisions of the Interstate Horseracing Act of 1978, 15 U.S.C. ! 3001 et seq. or other applicable federal law; provided, however, that all simulcasts from states whose racing associations do not require approval in compliance with the Interstate Horseracing Act of 1978, 15 U.S.C. ! 3004 (a) (1) (A), except simulcasts during the month of August, shall require the approval of the New England Horsemen's Benevolent and Protective Association prior to being simulcast to any racing meeting licensee within the commonwealth; provided, further, that if said association agrees to approve such simulcast for one racing meeting licensee, it shall approve the simulcast for all otherwise eligible racing meeting licensees.

Each racing meeting licensee shall pay a fee for those days, whether a dark day, a day during a dark season, or any day between periods of racing pursuant to an operating license, when no live races are conducted but simulcast races are shown and simulcast wagers are accepted. Such fee shall be determined by the commission in accordance with the license fees charged pursuant to the provisions of chapter one hundred and twenty-eight A. No other daily fee shall be assessed.

Notwithstanding any general or special law to the contrary, any host track that simulcasts a race to any out-of-state wagering facility that is within one hundred miles of said host track shall pay to the representative breeders association of the same class as is simulcast, a sum equal to one-quarter of one percent of the total amount wagered at the receiving wagering facility.

Section 3. All wagers on simulcast races accepted by a racing meeting licensee within the commonwealth or by a pari-mutuel licensee in another jurisdiction when such licensee is operating as a guest track shall be included in the pari-mutuel pool of the racing meeting licensee which conducts the live race, unless the commission approves a different procedure.

The commission shall promulgate rules as are necessary to facilitate the commingling of pari-mutuel pools, to ensure the proper calculations and distributions of payments and takeouts on such wagers and to regulate the distribution of net proceeds as provided in this chapter.

Section 4. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks, as defined in section five of chapter one hundred and twenty-eight A, into the trust fund known as the Running Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.

Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less such breaks and less an amount not to exceed nineteen percent of the total amount so deposited by patrons wagering on the speed or ability of any one running horse, also known as a straight wager, and, each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks, and less an amount not to exceed twenty-six percent of the total amount so deposited; provided, however, that a sum equal to one-quarter of one percent of the total amount deposited on said exotic wagering pool shall be payable to the division of fairs of the commonwealth.

The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting, a sum equal to three-eighths of one percent; a sum equal to one-eighth of one percent to the Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-half of one percent to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding in the commonwealth pursuant to law; a sum equal to five percent to be paid from the nineteen percent withheld and a sum of six percent to be paid from the twenty-six percent withheld to the horse owners at the host track for purses in accordance with the rules and established customs of conducting running horse racing meetings; said percentage to be paid from the nineteen percent and the twenty-six percent withheld, as provided in this section.

The sum of four and one-quarter percent of the straight wagering pool and seven percent of the exotic wagering pool shall be paid to the racing meeting licensee at the host track; eight and three-quarters percent of the straight wagering pool and eleven and three-quarters percent of the exotic wagering pool shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the nineteen percent and twenty-six percent withheld as provided in this section.

Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live running horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the total sum of the such breaks into the trust fund known as the Running Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.

Each such licensee shall return to the winning patrons all sums so deposited less the such breaks and less either an amount not to exceed nineteen percent of the straight wagering pool and twenty-six percent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that from the total of such percentages withheld, the sum of three-eighths of one percent shall be paid daily to the commission on behalf of the commonwealth; the sum of one-eighth of one percent shall be paid daily to the Running Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of one-half of one percent shall be paid daily to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of such animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that not less than three and one-half percent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay pursuant to contracts negotiated with the host track.

Section 5. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track within the commonwealth shall pay daily from such simulcast wagers the total sum of the breaks, as defined in section five of chapter one hundred and twenty-eight A, and a sum equal to one-half of one percent of the exotic wagering pool into the trust fund known as the Harness Horse Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners.

Each such racing meeting licensee acting as a guest track shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the such breaks and less an amount not to exceed nineteen percent of the total amount so deposited by patrons wagering on the speed or ability of any one harness horse, also known as a straight wager, and each such licensee shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, also known as an exotic wager, all sums so deposited as an award or dividend, less such breaks and less an amount not to exceed twenty-six percent of the total amount so deposited.

The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to three-eighths of one percent; a sum equal to one-quarter of one percent to the breeders association of the most recent live performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to five percent shall be paid to the horse owners for purses at the host track in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to five and seven-eighths percent shall be paid to the racing meeting licensee at the host track; a sum equal to seven and one-half percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the horse owners of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the nineteen percent withheld from the straight wager as provided in this section.

The licensee shall pay to the commission on behalf of the commonwealth on the day following each day of simulcasting a sum equal to three-eighths of one percent; a sum equal to one-half of one percent to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to three-quarters of one percent to the breeders association of the most recent live racing performance at the guest track for the purpose of promoting the respective breeding of such animals in the commonwealth pursuant to law; a sum equal to six percent to be paid to the horse owners at the host track for purses in accordance with the rules and established customs of conducting harness horse racing meetings; a sum equal to six and seven-eighths percent shall be paid to the racing meeting licensee at the host track; a sum equal to eleven percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, said percentages to be paid from the twenty-six percent withheld from the exotic wager pool as provided in this section.

Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live harness horse race from a host track from outside the commonwealth shall pay daily from such simulcast wagers the total sum of such breaks into the trust fund known as the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners.

Each such licensee shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed nineteen percent of the straight wagering pool and twenty-six percent of the exotic wagering pool or the amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that from the total of such percentages withheld the sum of three-eighths of one percent shall be paid daily to the commission on behalf of the commonwealth; the sum of one-half of one percent of the exotic wagering pool shall be paid to the Harness Horse Promotional Trust Fund under the direction and supervision of the state racing commissioners; the sum of one-half of one percent of the exotic wagering pool shall be paid daily to the Harness Horse Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; the sums of one-quarter of one percent of the straight wagering pool and three-quarters of one percent of the exotic wagering pool shall be paid daily to the breeders association of the most recent live racing performance at the guest track for the purposes of promoting the respective breeding of such animals in the commonwealth pursuant to law; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that not less than three and one-half percent shall be paid to the horse owners, of the most recent live racing performance at the guest track, for purses, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay pursuant to contracts negotiated with the host track.

Section 6. Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track within the commonwealth shall return to the winning patrons wagering on such simulcast race all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and methods under which such pari-mutuel or certificate system has been operated, less the breaks, as defined in section five of chapter one hundred and twenty-eight A, and less an amount not to exceed nineteen percent of the total amount so deposited; provided, however, that a sum equal to two and one-half percent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Capital Improvements Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to two and one-half percent shall be paid as purses to the dog owners at the host track in accordance with the rules and established customs of conducting greyhound racing meetings; a sum equal to four and one-quarter percent shall be paid to the racing meeting licensee at the host track; a sum equal to nine and one-quarter percent shall be retained by the racing meeting licensee at the guest track; provided, however, that not less than three and one-half percent shall be paid to the dog owners for purses, said percentages to be paid from the nineteen percent withheld as provided in this section.

Each racing meeting licensee within the commonwealth acting as a guest track and simulcasting a live greyhound race from a host track from outside the commonwealth shall return to the winning patrons all sums so deposited less such breaks and less either an amount not to exceed nineteen percent of the total amount so deposited or an amount which would be paid under the laws of the jurisdiction exercising regulatory authority over such host track; provided, however, that a sum equal to two and one-half percent of the total amount wagered shall be paid daily to the commission on behalf of the commonwealth; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Promotional Trust Fund under the direction and supervision of the state racing commissioners; a sum equal to one-quarter of one percent of the total amount wagered shall be paid to the Greyhound Capital Improvement Trust Fund under the direction and supervision of the state racing commissioners; and the remaining percentages shall be retained by the racing meeting licensee as his commission; provided, however, that not less than three and one-half percent shall be paid to the dog owners for purses, and the remaining portion shall be applied to the expenses as the racing meeting licensee is required to pay pursuant to contracts negotiated with the host track. All such contracts shall be subject to the approval of the recognized greyhound owners association of the most recent live racing performance at the guest track.

In no case shall a person or association licensed to conduct a dog racing meeting serve as a guest or host track for the purpose of simulcasting a race unless the licensee has received the prior approval of the greyhound owners association at the licensees facility and such approval is on file with the commission.

Section 7. The state lottery commission is hereby authorized and directed to conduct a thoroughbred and standardbred horse and greyhound dog racing sweepstakes lottery game for the benefit of the Thoroughbred and Standardbred Horse and Greyhound Dog Sweepstakes Lottery Fund. The state lottery commission, with the participation and cooperation of all racing meeting licensees, shall determine the development and implementation of said sweepstakes in accordance with the following provisions:

(a) the state lottery commission shall determine, the price, or prices for participation in such sweepstakes, the numbers and sizes of the prizes awarded to the winners, the manner of payment of prizes to the winners, the type or types of locations at which tickets or shares may be sold, and, all other matters authorized by law, subject to the following provisions: that the selection of winning numbers shall be determined by the order of finish of the participating horses or dogs in the featured sweepstakes racing event at the participating licensed racing facility; that the numbers which are assigned to the participating horses or dogs are randomly assigned; that the sweepstakes racing event shall occur monthly at such licensed racing facility on a date which shall be the last scheduled racing day for the month; that the sweepstakes races shall be distributed equally among the participating racing meeting licensees; and that the racing commission shall establish criteria to insure quality in the field of horses or dogs that shall participate in the sweepstakes race; provided, however, that the field of horses or dogs shall, whenever possible, be drawn from those horses or dogs that have won or placed in at least two races at the racing facility which conducts the sweepstakes race, within six weeks prior to the sweepstakes race.

(b) The state lottery commission shall establish a separate fund to be known as the Thoroughbred and Standardbred Horse and Greyhound Dog Sweepstakes Lottery Fund. This fund shall consist of all revenues received from the sale of sweepstakes lottery tickets or shares and all other sums of money credited or transferred to it from any other fund or source pursuant to law. As of July first and January first of each year, the comptroller shall determine the net balance in the Thoroughbred and Standardbred Horse and Greyhound Dog Sweepstakes Lottery Fund derived from revenues from said sweepstakes lottery or lotteries for the preceding six months after deductions are made for: (1) the amounts paid or incurred for prizes to holders of the winning sweepstakes lottery tickets or shares during the preceding six month period; (2) the administrative and operational expenses of the state lottery commission for the sweepstakes lottery or lotteries for the preceding six month period, subject to appropriation, as certified by the commissioner of administration, which amount the treasurer shall, as of July first and January first, transfer to the General Fund; and (3) purses and other distributions as provided in subsection (c).

Such net balance of any sweepstakes lottery revenues for such preceding six month period not already deducted in clauses (1), (2) and (3) if any, shall be transferred to a general scholarship program chosen by and administered by the higher education coordinating council for the purpose of providing financial assistance in the areas of science, music and athletic programs to students domiciled in the commonwealth and enrolled in and pursuing a full time program of higher education in any approved public college or public university.

The state lottery commission shall make a complete monthly report to the governor, the attorney general, and the joint committee on government regulations, which report shall include a statement of the total revenues generated by the lottery for the said Thoroughbred and Standardbred Horse and Greyhound Dog Sweepstakes Lottery Fund, prize disbursements, and other expenses for the preceding month. The state lottery commission shall also make a complete annual report to the governor, the attorney general, and the joint committee on government regulations, which report shall include a statement of the total revenues generated by the lottery for the said Thoroughbred and Standardbred Horse and Greyhound Dog Sweepstakes Lottery Fund, prize disbursements, and other expenses for the preceding year, including such recommendations as it may deem necessary or advisable.

(c) After each monthly sweepstakes race, the state lottery commission shall distribute to the participating racing meeting licensee as purses and otherwise as provided, as follows: if the participating racing meeting licensee is a standardbred or thoroughbred horse track, an amount of five percent of the months total amount of revenue generated from the sale of sweepstakes lottery tickets or shares and all other sums of money credited or transferred to the fund from any other fund or source pursuant to law, or, if the participating racing meeting licensee is a greyhound track, an amount of two and one-half percent of the months total amount of revenue generated from the sale of sweepstakes lottery tickets or shares and all other sums of money credited or transferred to the fund from any other fund or source pursuant to law, and, an amount of two and one-half percent to be paid to the Greyhound Humane Disposition and Adoption Trust Fund, established under subsection (d); and the state lottery commission shall distribute an amount of one-quarter of one percent to the Cooperative Extension Program at the University of Massachusetts at Amherst.

The participating racing meeting licensee shall add the monthly purse amount distributed by the state lottery commission to the purse amount for the sweepstakes race and distribute this total amount in accordance with chapter one hundred and fourteen of the acts of nineteen hundred and ninety-one and chapter four hundred and twenty-eight of the acts of nineteen hundred and ninety.

(d) A trust fund known as the Greyhound Humane Disposition and Adoption Trust Fund shall be established in accordance with section four of chapter one hundred and twenty-eight and the commissioner of the department of food and agriculture shall be the trustee of said trust.

The trustee shall invite the Bristol county agricultural school, established under chapter seventy-four and the Essex county agricultural school, established under chapter seventy-four to establish and implement programs for the humane disposition and cremation of greyhounds bred for racing who never qualify for pari-mutuel races, or, of racing greyhounds who have reached the end of their racing career, or, for preparing and placing greyhounds for adoption, which preparation shall include proper implementation of neutering and spaying of all greyhounds prior to adoption. The trustee shall pay to a participating school, an amount not to exceed five hundred thousand dollars, two hundred and fifty thousand dollars twice yearly, which amount shall only be used to reimburse such schools for all or part of the costs incurred by such schools while establishing and implementing said programs. Any remaining amounts in the trust fund, after each such school has given the trustee written acceptance or refusal of such participation and appropriation, shall only be used by the trustee for costs associated with the establishment and implementation of like programs associated with the adoption or the humane disposition of greyhounds throughout the commonwealth.

The trustee shall require, from the participating schools and certified agencies, vouchers, canceled checks or other documents as the trustee may deem necessary to verify that expenditures from the trust were appropriated in accordance with the provisions of this section. The trustee shall also make a full and complete annual report to the joint committee on government regulations, which report shall include a statement of total amount paid to the Greyhound Humane Disposition and Adoption Trust Fund and all appropriations from such fund.

(e) No person licensed by the racing commission shall put to death, within the commonwealth, a racing greyhound, except in a humane manner. For purposes of this section, the words, in a humane manner, shall mean, by means of euthanasia by lethal injection, or by such other standard of humane killing as may be established by the American Veterinary Medicine Association.

The racing commission shall adopt regulations requiring that kennels and other appropriate licensees provide the racing commission with information and other data regarding the disposition of racing and retired greyhounds. For purposes of this section and such regulations, the word, disposition, shall mean, euthanasia, transfer to another jurisdiction, or donation for adoption or medical or research purposes. The racing commission shall maintain accurate records and statistics regarding the disposition of all greyhounds who have participated in dog racing, including schooling races, in the commonwealth.

(f) No greyhound licensed by the department of food and agriculture as a Massachusetts-bred greyhound shall be put to death, within the commonwealth, except in a humane manner. For purposes of this paragraph, the words, humane manner, shall mean, by means of euthanasia by lethal injection or by such other standard of humane killing as may be established by the American Veterinary Medicine Association.

The department of food and agriculture shall adopt regulations requiring owners of Massachusetts-bred greyhounds, or their agents, to provide them with information and other data regarding the disposition of such greyhounds within the commonwealth. For purposes of such regulations, the word, disposition, shall mean, euthanasia, transfer to another jurisdiction, or donation for adoption or medical research purposes. The department of food and agriculture shall maintain accurate records and statistics regarding the disposition of all Massachusetts-bred greyhounds.

The department of food and agriculture is authorized to certify entities of any kind which provide humane disposition and cremation, or adoption services, including proper implementation of neutering and spaying of all greyhounds prior to adoption, for greyhounds bred for racing who never qualify for pari-mutuel races or for racing greyhounds who have reached the end of their racing career.

SECTION 6. Clause (a) of the first paragraph of section 13 of chapter 494 of the acts of 1978, as most recently amended by section 2 of chapter 114 of the acts of 1991, is hereby further amended by inserting after the word "only", in line 6, the following words:- ; provided, further, that the seventy-five days which may be awarded in Norfolk county shall be for live racing which commences no earlier than seven p.m. eastern standard time on each such day; provided, further, that if the best interest of the licensee and the commonwealth would be served by racing conducted at earlier hours, then the commission, no sooner than fourteen days after application and after public hearing, may authorize such earlier hours for the conduct of live racing.

SECTION 7. Section 9 of chapter 277 of the acts of 1986, as amended by section 5 of chapter 428 of the acts of 1990, is hereby further amended by striking out the second to fifth paragraphs, inclusive, and inserting in place thereof the following five paragraphs:-

Each person licensed to conduct a dog racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall pay to the state racing commission on the day following each day of such dog racing meeting, a sum equal to five percent of the total amount deposited on the preceding day by the patrons so wagering at such meeting, said percentage to be paid from the nineteen percent withheld, as provided in this section, from the total amount wagered.

A sum equal to one-tenth of one percent of the total amount deposited by the patrons wagering on the speed or ability of dogs at pari-mutuel dog tracks, not to exceed three hundred thousand dollars per annum, less the so-called breaks, and taken from the five percent paid daily to the commission under this paragraph, shall, subject to appropriation, be allocated to the Massachusetts greyhound breeding program established under the provisions of section two.

Each licensee conducting a dog racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall allocate a sum equal to five percent of the total amount deposited daily by the patrons wagering at such meeting. Said percentage shall be used for the payment of purses to the dog owners in accordance with the rules and established customs of conducting dog racing meetings and shall be paid from the nineteen percent withheld as provided in this section from the total amount wagered. On and after the effective date of this act, the payment of all purses shall be computed in accordance with the provisions of this section.

Each such licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the nineteen percent withheld as provided in this section from the total amount wagered after deducting therefrom the amount hereinbefore required to be paid to said commission, after deducting therefrom the amount required to be paid for purses at dog racing meetings, and after deducting therefrom the amounts required to be paid into the Greyhound Capital Improvements Trust Fund and into the Greyhound Promotional Trust Fund.

Notwithstanding any of the foregoing provisions of this section, once a licensee conducting a dog racing meeting has reached the level of the total amount wagered during calendar year nineteen hundred and eighty-five, such licensee shall retain daily as its commission, a sum not exceeding the balance of the nineteen percent withheld, as provided in this section, from the total amount wagered daily in the current year, deducting therefrom four and one-half percent to be paid to the commission, after deducting therefrom the amount hereinbefore required to be paid as purses, after deducting therefrom the amounts required to be paid into the Greyhound Capital Improvements Trust Fund and into the Greyhound Promotional Trust Fund.

SECTION 8. The first paragraph of section 3 of chapter 114 of the acts of 1991 is hereby amended by striking out, in line 11, the words ", subject to appropriation,".

SECTION 9. Section 5 of said chapter 114 is hereby amended by striking out the first to eighth paragraphs, inclusive, and inserting in place thereof the following eight paragraphs:-

Notwithstanding the provisions of section five of chapter one hundred and twenty-eight A of the General Laws, during the calendar years nineteen hundred and ninety-two through nineteen hundred and ninety-five, each licensee conducting a running horse or a harness horse racing meeting shall return to the winning patrons wagering on the speed or ability of any one harness horse or any one running horse in a race or races all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and method under which such pari-mutuel or certificate system has been operated, less the so-called breaks, as defined in section five of chapter one hundred and twenty-eight A of the General Laws, and less an amount not to exceed nineteen percent of the total amount so deposited by patrons wagering on the speed or ability of any one harness horse or of any one running horse, and less the so-called breaks; and each licensee conducting a running horse or a harness horse racing meeting shall return to the winning patrons wagering on the speed or ability of a combination of more than one horse in a single pool, exotic wagering, so-called, all sums so deposited as an award or dividend, according to the acknowledged and recognized rules and method under which such pari-mutuel or certificate system has been operated, less the so-called breaks and less an amount not to exceed twenty-six percent of the total amount so deposited; provided, however, that a sum equal to one-half of one percent of the total amount deposited on said exotic wagering pool at a running horse racing meeting shall be sent on a daily basis to Tufts University School of Veterinary Medicine for equine research scholarships and loans.

Each person licensed to conduct a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall pay to the state racing commission on the day following each day of such running horse racing meeting, a sum equal to three-quarters of one percent of the total amount deposited on the preceding day by the patrons so wagering at such meeting, said percentage to be paid from the nineteen percent and twenty-six percent withheld, as provided in this section, from the total amount wagered. A sum equal to one percent of the total amount deposited by the patrons, less the so-called breaks, and taken from the nineteen percent withheld, and from the twenty-six percent withheld from so-called exotic wagers, shall be paid on a daily basis to the Massachusetts Thoroughbred Breeders Association, Inc. for the purposes of the provisions of subsection (g) of section two of chapter one hundred and twenty-eight of the General Laws.

Each licensee conducting a running horse racing meeting, other than a licensee holding a racing meeting in connection with a state or county fair, shall allocate a sum equal to eight and one-half percent, provided however, that in the case of a so-called exotic wager, the allocation shall be nine and one-half percent, of the total amount deposited daily by the patrons wagering at such meeting. Said percentage shall be used for the payment of purses to the horse owners in accordance with the rules and established customs of conducting running horse racing meetings and said eight and one-half percent shall be paid from the nineteen percent withheld and said nine and one-half percent shall be paid from the twenty-six percent withheld as provided in this section from the total amount wagered.

Each such licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the nineteen or twenty-six percent withheld as provided in this section from the total amount wagered after deducting therefrom the amount hereinbefore required to be paid to said commission, after deducting therefrom the applicable amount required to be paid from purses at running horse racing meetings, and after deducting therefrom the amounts required to be paid into the Running Horse Capital Improvements Trust Fund, the Running Horse Promotional Trust Fund, the Massachusetts Thoroughbred Breeding Association, Inc., the Tufts University School of Veterinary Medicine and the Massachusetts council on compulsive gambling.

Each person licensed to conduct a harness horse racing meeting, including a licensee holding a harness horse racing meeting in connection with a state or county fair, shall pay to the state racing commission on the day following each day of such horse racing meeting, a sum equal to three-quarters of one percent of the total amount deposited on the preceding day by the patrons so wagering at such meeting, said percentage to be paid from the nineteen percent withheld as provided in this section from the total amount wagered and from the twenty-six percent withheld as provided in this section from the total amount wagered on exotic races, excluding races conducted in connection with a state or county fair. A sum equal to one-half of one percent of the total amount deposited on said straight wagers and one and one-half percent of said exotic wagering pool at a harness horse racing meeting shall be paid into the Massachusetts Standardbred Breeding Program established pursuant to the provisions of subsection (j) of section two of chapter one hundred and twenty-eight of the General Laws.

Each licensee conducting a harness racing meeting, including a licensee holding a racing meeting in connection with a state or county fair, shall allocate a sum equal to eight percent of the total amount deposited daily by the patrons wagering at such meeting, and a sum equal to ten percent of the total amount deposited daily by patrons wagering on the speed or ability of a combination of more than one harness horse in a single pool, exotic wagering, so-called, said percentages to be used for the payment of purses to the horse owners in accordance with the rules and established customs of conducting harness horse racing meetings. Said eight percent is to be paid from the nineteen percent withheld, as provided in this section from the total amount wagered. Said ten percent is to be paid from the twenty-six percent withheld, as provided in this section, from the total amount wagered on exotic races.

Each such licensee may retain as its commission on the total of all sums so deposited, a sum not exceeding the balance of the nineteen or twenty-six percent withheld as provided in this section from the total amount wagered after deducting therefrom the amount hereinbefore required to be paid to the racing commission, after deducting therefrom the applicable amount required to be paid for purses at harness racing meetings, and after deducting therefrom, as applicable, the amounts required to be paid into the Harness Horse Capital Improvements Trust Fund, the Harness Horse Promotional Trust Fund, and the Massachusetts Standardbred Breeding Program.

Notwithstanding the foregoing, upon the legalization of off-track pari-mutuel wagering at locations in Massachusetts other than licensed racetracks, "OTB" so-called, within the commonwealth, the amount withheld from exotic wagers shall be twenty-three percent.

SECTION 10. Section six of chapter one hundred and fourteen of the acts of nineteen hundred and ninety-one is hereby repealed.

SECTION 11. Notwithstanding the provisions of paragraph (j) of section two of chapter one hundred and twenty-eight of the General Laws, for the period between January first, nineteen hundred and ninety-two to December thirty-first, nineteen hundred and ninety-five, the only standardbred horses and stallion awards set forth therein shall be those bred during the period between February first, nineteen hundred and eighty-three and July fifteenth, nineteen hundred and ninety-one or the foal of a standardbred horse which was foaled by a stallion which stood the entire breeding season between February first and July fifteenth in the commonwealth in the year any such eligible foal was conceived.

Beginning with the nineteen hundred and ninety-two standardbred breeding season, each standardbred stallion must be properly registered with the department of food and agriculture. For the nineteen hundred and ninety-two breeding season only, the deadline for registering a standardbred stallion eligible for stallion awards and whose foals are eligible for cash purses pursuant to this section and section two of chapter one hundred and twenty-eight shall be July first, nineteen hundred and ninety-two and each calendar year thereafter, the deadline shall be January thirty-first.

SECTION 12. The Marshfield Agricultural and Horticultural Society shall be licensed to conduct racing meetings August nineteenth, nineteen hundred and ninety-two through August twenty-ninth, nineteen hundred and ninety-two, excluding Sunday, August twenty-third, nineteen hundred and ninety-two, a total of ten racing days; provided, however, these racing days shall only be granted with the approval of the state racing commission and the New England Horsemen's Benevolent and Protective Association; provided, further, that the directors of the Marshfield Agricultural and Horticultural Society shall award no less than fifty thousand dollars to the Marshfield public schools to be used for early childhood education and twenty-five thousand dollars to the Plymouth county extension service to be used for 4-H programs.

SECTION 13. The provisions of section five of this act shall expire on December thirty-first, nineteen hundred and ninety-five.