HF 2795

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 04/30/2012 03:30pm

1.1A bill for an act

1.2relating to horse racing; modifying provisions relating to card clubs and
1.3pari-mutuel wagering; providing for certain regulatory threshold concentrations
1.4to be set by the commission;amending Minnesota Statutes 2010, sections
1.5240.01, subdivision 25; 240.13, subdivision 9; 240.24, subdivision 2, by adding a
1.6subdivision; 240.30, subdivision 8; repealing Minnesota Statutes 2010, section
1.7240.30, subdivision 3.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. Minnesota Statutes 2010, section 240.01, subdivision 25, is amended to read:
1.10    Subd. 25. Card playing. "Card playing" means an activity wherein individuals
1.11compete and wager with each other utilizing a 52-unit system comprised of a series of
1.12numbers, numbered two through ten, and the letters J, Q, K, and A, combined with
1.13four symbols commonly known as hearts, diamonds, spades, and clubs, wherein each
1.14individual unit constitutes the display of one of the 52 possible combinations. The symbol
1.15commonly known as a joker may be incorporated into the system.
1.16EFFECTIVE DATE.This section is effective the day following final enactment.

1.17    Sec. 2. Minnesota Statutes 2010, section 240.13, subdivision 9, is amended to read:
1.18    Subd. 9. Transmission to Indian lands; pooling of bets. A licensed racetrack class
1.19B licensee may, with the approval of the horsepersons' organization representing the
1.20majority of horsepersons racing the breed involved, transmit telecasts of races the licensee
1.21conducts, and simulcasts upon which the licensee accepts wagers to sites on Indian
1.22lands of tribes who are lawfully conducting pari-mutuel wagering gaming authorized
1.23by a tribal-state compact entered into pursuant to the Indian Gaming Regulatory Act,
1.24Public Law 100-497, or through litigation, arbitration, or mediation relative to that act.
2.1Nothing in this subdivision shall be construed to indicate that state policy or law permits
2.2or encourages the transmission of telecasts to sites on Indian lands for wagering purposes.
2.3Transmissions of telecasts or simulcasts are only authorized if they are conducted pursuant
2.4to a written agreement between the tribal government receiving the signal and a licensee
2.5who is authorized to conduct live racing, at the licensee's facility, of the breed involved
2.6in the telecast or simulcast. The written agreement is not valid or effective unless it is
2.7approved by the commission. The agreement must be enforceable only in state courts. The
2.8term of the written agreement shall not exceed five years. The agreement may be renewed
2.9after review and approval, not earlier than six months before the end of the term, by the
2.10commission. With prior approval of the commission, a licensed racetrack transmitting
2.11telecasts of races it conducts, to sites on Indian lands within or outside of Minnesota or to
2.12other locations outside the state, may commingle the amounts bet at the receiving entity
2.13with the pools at the sending licensed racetrack.

2.14    Sec. 3. Minnesota Statutes 2010, section 240.24, subdivision 2, is amended to read:
2.15    Subd. 2. Exception. Notwithstanding subdivision 1, the commission by rule shall
2.16allow the use of: (1) topical external applications that do not contain anesthetics or
2.17steroids; (2) food additives; (3) Furosemide or other pulmonary hemostatic agents if the
2.18agents are administered under the visual supervision of the veterinarian or a designee
2.19of the veterinarian employed by the commission; (4) nonsteroidal anti-inflammatory
2.20drugs, provided that the test sample does not contain more than five micrograms of the
2.21substance or metabolites thereof per milliliter of blood plasma the regulatory threshold
2.22concentrations set by rule by the commission; and (5) medications and their metabolites,
2.23provided their use thereof does not exceed regulatory threshold concentrations set by rule
2.24by the commission. For purposes of this clause, "test sample" means any bodily substance
2.25including blood, urine, saliva, or other substance as directed by the commission, taken
2.26from a horse under the supervision of the commission veterinarian and in such manner as
2.27prescribed by the commission for the purpose of analysis.
2.28EFFECTIVE DATE.This section is effective the day following final enactment.

2.29    Sec. 4. Minnesota Statutes 2010, section 240.24, is amended by adding a subdivision
2.30to read:
2.31    Subd. 2a. Reimbursement. Increased expenses related to the use of upgraded drug
2.32testing technologies and procedures are deemed to be necessary costs within the meaning
2.33of section 240.155 and the commission shall be reimbursed for these expenses from
2.34receipts from card playing activities regulated by the commission.

3.1    Sec. 5. Minnesota Statutes 2010, section 240.30, subdivision 8, is amended to read:
3.2    Subd. 8. Limitations. The commission may not approve any plan of operation
3.3under subdivision 6 that exceeds any of the following limitations:
3.4(1) the maximum number of tables used for card playing at the card club at any one
3.5time, other than tables used for instruction, demonstrations, or poker tournament play,
3.6may not exceed 50. The table limit exception for tournament play is allowed for only one
3.7tournament per year that lasts for no longer than 14 days 80;
3.8(2) except as provided in clause (3), no wager may exceed $60 $100;
3.9(3) for games in which each player is allowed to make only one wager or has a
3.10limited opportunity to change that wager, no wager may exceed $300.

3.11    Sec. 6. REPEALER.
3.12Minnesota Statutes 2010, section 240.30, subdivision 3, is repealed.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.