Interstate Greyhound Racing Act of 1990

Interstate Greyhound Racing Act of 1990 - Allows the acceptance of interstate off-track wagers on greyhound races by off-track betting systems. Allows such wagers only after consent is obtained from the host racing association (making certain exceptions with regard to existing contracts), the host racing commission, and the off-track commission. Requires any off-track betting office to obtain the approval of all currently operating tracks within 60 miles of the office (or, if there are none, then of the closest currently operating track in an adjoining State). Allows off-track betting offices in a State with at least 250 days of on-track parimutuel greyhound racing a year to accept interstate off-track wagers for 60 racing days and 25 special events per year without approval if there is no similar racing being conducted within the off-track State within 60 miles of the office accepting the wager.

Prohibits a parimutuel off-track betting system from employing a takeout for an interstate wager which is greater than the takeout for corresponding wagering pools of off-track wagers on races run within the off-track State except where the greater takeout is authorized by State law in the off-track State.

Makes persons accepting interstate off-track wagers in violation of this Act civilly liable to the host State, the host racing association, and the greyhound owners' group.

 
Union Calendar No. 559
101st CONGRESS
2d Session
H. R. 3429
[Report No. 101-910]
A BILL
To regulate interstate commerce with respect to parimutuel wagering on
greyhound racing, to maintain the stability of the greyhound racing industry,
and for other purposes.
October 21, 1990
Reported with an amendment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
HR 3429 RH
Union Calendar No. 559
101st CONGRESS
2d Session
 H. R. 3429
[Report No. 101-910]
To regulate interstate commerce with respect to parimutuel wagering on
greyhound racing, to maintain the stability of the greyhound racing industry,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 6, 1989
Mr. SLATTERY introduced the following bill; which was referred to the
Committee on Energy and Commerce
October 21, 1990
Additional sponsors: Mr. LENT, Mr. UDALL, Mr. WHITTAKER, Mr. FASCELL,
Mr. MCCOLLUM, Mr. BLILEY, Mr. LEWIS of Florida, Mrs. COLLINS, Mr. THOMAS
A. LUKEN, and Mr. LEATH of Texas
October 21, 1990
Reported with an amendment, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introducted bill, see copy of bill as introduced on October
6, 1989]
A BILL
To regulate interstate commerce with respect to parimutuel wagering on
greyhound racing, to maintain the stability of the greyhound racing industry,
and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Interstate Greyhound Racing Act of 1990'.
SEC. 2. FINDINGS AND POLICY.
  (a) FINDINGS- The Congress finds that the States should have the primary
  responsibility for determining what forms of greyhound racing may legally
  take place within their borders.
  (b) POLICY- It is the policy of the Congress in this Act to regulate
  interstate commerce in order to further greyhound racing in the United
  States.
SEC. 3 DEFINITIONS.
  For the purposes of this Act the term--
  (1) the term `currently operating tracks' means racing associations
  conducting parimutuel greyhound racing at the same time of day (afternoon
  against afternoon; nighttime against nighttime) as the racing association
  conducting the greyhound racing which is the subject of the interstate
  off-track wager;
  (2) the term `dark days' means those days when racing of the same type
  does not occur in an off-track State within 60 miles of an off-track
  betting office during a race meeting, including, but not limited to, a
  dark weekday when such racing association or associations run on Sunday,
  and days when a racing program is scheduled but does not take place, or
  cannot be completed due to weather, strikes and other factors not within
  the control of the off-track betting system;
  (3) the term `greyhound owners' group' means, with reference to the
  applicable host racing association, the group which represents the majority
  of owners of greyhounds racing there, for the races subject to the interstate
  off-track wager on any racing day;
  (4) the term `host racing association' means any person who, pursuant
  to a license or other permission granted by the host State, conducts the
  greyhound race subject to the interstate wager;
  (5) the term `host racing commission' means that person designated by State
  statute or, in the absence of statute, by regulation, with jurisdiction
  to regulate the conduct of racing within the host State;
  (6) the term `host State' means the State in which the greyhound race
  subject to the interstate wager takes place;
  (7) the term `interstate off-track wager' means a legal wager placed or
  accepted in one State with respect to the outcome of a greyhound race
  taking place in another State;
  (8) the term `off-track betting office' means any location within an
  off-track State at which off-track wagers are accepted;
  (9) the term `off-track betting system' means any group which is in the
  business of accepting wagers on greyhound races at locations other than
  the place where the greyhound race is run, which business is conducted by
  the State or licensed or otherwise permitted by State law;
  (10) the term `off-track racing commission' means that person designated by
  State statute or, in the absence of statute, by regulation, with jurisdiction
  to regulate `off-track' betting in that State;
  (11) the term `off-track State' means the State in which an interstate
  off-track wager is accepted;
  (12) the term `on-track wager' means a wager with respect to the outcome of
  a greyhound race which is placed at the racetrack at which such greyhound
  race takes place;
  (13) the term `parimutuel' means any system whereby wagers with respect
  to the outcome of a greyhound race are placed with, or in, a wagering pool
  conducted by a person licensed or otherwise permitted to do so under State
  law, and in which the participants are wagering with each other and not
  against the operator;
  (14) the term `person' means any individual, association, partnership, joint
  venture, corporation, State or political subdivision thereof, department,
  agency, or instrumentality of a State or political subdivision thereof,
  or any other organization or entity;
  (15) the term `race meeting' means those scheduled days during the year a
  racing association is granted permission by the appropriate State racing
  commission to conduct greyhound racing;
  (16) the term `racing day' means a full program of races at a specified
  racing association on a specified day;
  (17) the term `regular contractual process' means those negotiations by
  which the applicable greyhound owners' group and host racing association
  reach agreements on issues regarding the conduct of greyhound racing by
  the greyhound owners' group at the racing association;
  (18) the term `special event' means the specific individual greyhound
  race which is deemed by the off-track betting system to be of sufficient
  national significance and interest to warrant interstate off-track wagering
  on that event or events;
  (19) the term `State' means each State of the United States, the District of
  Columbia, the Commonwealth of Puerto Rico, and any territory or possession
  of the United States;
  (20) the term `takeout' means that portion of a wager which is deducted
  from or not included in the parimutuel pool, and which is distributed to
  persons other than those placing wagers;
  (21) the term `terms and conditions' includes, but is not limited to, the
  percentage which is paid by the off-track betting system to the host racing
  association, the percentage which is paid by the host racing association
  to the greyhound owners' group, as well as any arrangements as to the
  exclusivity between the host racing association and the off-track betting
  system; and
  (22) the term `year' means calendar year.
SEC. 4. PROHIBITION.
  No person may accept an interstate off-track wager except as provided in
  this Act.
SEC. 5. REGULATION.
  (a) IN GENERAL- An interstate off-track wager may be accepted by an
  off-track betting system only if consent is obtained from--
  (1) the host racing association, except that--
  (A) as a condition precedent to such consent, said racing association (except
  a not-for-profit racing association in a State where the distribution of
  off-track betting revenues in that State is set forth by law) must have
  a written agreement with the greyhound owners' group, under which said
  racing association may give such consent, setting for the the terms and
  conditions relating thereto; Provided,
  (B) that where the host racing association has a contract with a greyhound
  owners' group at the time of enactment of this Act which contains no
  provisions referring to interstate off-track betting, the terms and
  conditions of said then-existing contract shall be deemed to apply to
  the interstate off-track wagers and no additional written agreement need
  be entered into unless the parties to such then-existing contract agree
  otherwise.
Where such provisions exist in such existing contract, such contract shall
govern. Where written consents exist at the time of enactment of this Act
between an off-track betting system and the host racing association providing
for interstate off-track wagers, or such written consents are executed
by these parties prior to the expiration of such then-existing contract,
upon the expiration of such then-existing contract the written agreement of
such greyhound owners' group shall thereafter be required as such condition
precedent and as a part of the regular contractual process, and may not
be withdrawn or varied except in the regular contractual process. Where
no such written consent exists, and where such written agreement occurs
at a racing association which has a regular contractual process with such
greyhound owners' group, said agreement by the greyhound owners' group may
not be withdrawn or varied except in the regular contractual process;
  (2) the host racing commission;
  (3) the off-track racing commission.
  (b) ADDITIONAL REQUIREMENTS- In addition to the requirement of subsection
  (a), any off-track betting office shall obtain the approval of--
  (A) all currently operating tracks within 60 miles of such off-track
  betting office; and
  (B) if there are no currently operating tracks within 60 miles then the
  closest currently operating track in an adjoining State.
  (2) Notwithstanding the provisions of paragraph (1) of this subsection,
  any off-track betting office in a State with at least 250 days of
  on-track parimutuel greyhound racing a year, may accept interstate
  off-track wagers for a total of 60 racing days and 25 special events
  a year without the approval required by paragraph (1), if with respect
  to such 60 racing days, there is no racing of the same type at the same
  time of day being conducted within the off-track betting State within 60
  miles of the off-track betting office accepting the wager, or such racing
  program cannot be completed. Excluded from such 60 days and from the consent
  required by subsection (b)(1) may be dark days which occur during a regularly
  scheduled race meeting in said off-track betting State. In order to accept
  any interstate off-track wager under the terms of the preceding sentence
  the off-track betting office shall make identical offers to any racing
  association described in subparagraph (A) of subsection (b)(1). Nothing in
  this subparagraph shall be construed to reduce or eliminate the necessity
  of obtaining all the approvals required by subsection (a).
  (c) TAKE OUT- No parimutuel off-track betting system may employ a takeout
  for an interstate wager which is greater than the takeout for corresponding
  wagering pools of off-track wagers on races run within the off-track
  State except where such greater takeout is authorized by State law in the
  off-track State.
SEC. 6. LIABILITY AND DAMAGES.
  Any person accepting any interstate off-track wager in violation of this
  Act shall be civilly liable for damages to the host State, the host racing
  association and the greyhound owners' group. Damages for each violation
  shall be based on the total of off-track wagers as follows:
  (1) If the interstate off-track wager was of a type accepted at the host
  racing association, damages shall be in an amount equal to that portion
  of the takeout which would have been distributed to the host State,
  host racing association and the greyhound owners' group, as if each such
  interstate off-track wager had been placed at the host racing association.
  (2) If such interstate off-track wager was of a type not accepted at the
  host racing association, the amount of damages shall be determined at the
  rate of takeout prevailing at the off-track betting system for that type
  of wager and shall be distributed according to the same formulas as in
  paragraph (1) above.
SEC. 7. CIVIL ACTION.
  (a) IN GENERAL- The host State, the host racing association, or the
  greyhound owners' group may commence a civil action against any person
  alleged to be in violation of this Act, for injunctive relief to restrain
  violations and for damages in accordance with section 6.
  (b) PARTIES- In any civil action under this section, the host State,
  the host racing association and greyhound owners' group, if not a party,
  shall be permitted to intervene as a matter of right.
  (c) TIME- A civil action may not be commenced pursuant to this section
  more than 3 years after the discovery of the alleged violation upon which
  such civil action is based.
  (d) CONSTRUCTION- Nothing in this Act shall be construed to permit a State to
  be sued under this section other than in accordance with its applicable laws.
SEC. 8. JURISDICTION AND VENUE.
  (a) IN GENERAL- Notwithstanding any other provision of law, the district
  courts of the United States shall have jurisdiction over any civil action
  under section 7, without regard to the citizenship of the parties or the
  amount in controversy.
  (b) VENUE- A civil action under section 7 may be brought in any district
  court of the United States for a district located in the host State or the
  off-track State, and all process in any such civil action may be served
  in any judicial district of the United States.
  (c) CONCURRENT JURISDICTION- The jurisdiction of the district courts of
  the United States pursuant to this section shall be concurrent with that
  of any State court of competent jurisdiction located in the host State or
  the off-track State.
SEC. 9. EFFECTIVE DATE.
  (a) The provisions of this Act shall take effect on the date of enactment
  of this Act and shall apply to any interstate off-track wager accepted on
  or after such date of enactment.