[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 351 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 351

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

                            January 5, 1993

 Mr. Slattery introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 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 
1993''.

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--
            (1) the term ``concurrently 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 an 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 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 in 
        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 an 
        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 an 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 ``race 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 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 as a condition 
        precedent to such consent, such 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) shall have a written agreement with the greyhound 
        owners' group, under which such racing association may give 
        such consent, setting forth the terms and conditions relating 
        thereto, except that where the host racing association has a 
        contract with a greyhound owners' group on the date of 
        enactment of this Act which contains no provisions referring to 
        interstate off-track betting, the terms and conditions of such 
        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 on the date 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, such agreement by the greyhound owners' group 
        may not be withdrawn or varied except in the regular 
        contractual process;
            (2) the host racing commission; and
            (3) the off-track racing commission.
    (b) Additional Requirements.--
            (1) Approval.--In addition to the requirement of subsection 
        (a), any off-track betting office shall obtain the approval 
        of--
                    (A) all concurrently operating tracks within 60 
                miles of such off-track betting office; and
                    (B) if there are no concurrently operating tracks 
                within 60 miles, then the closest currently operating 
                track in an adjoining State.
            (2) Exception.--Notwithstanding the provisions of paragraph 
        (1), 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 paragraph (1) may be dark days 
        which occur during a regularly scheduled race meeting in such 
        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 paragraph (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 unless 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 
section 5 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 formula as in paragraph (1).

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 section 5, for injunctive relief 
to restrain violations and for damages in accordance with section 6.
    (b) Parties.--In any civil action under subsection (a), 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 
subsection (a) 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 subsection (a) 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.

    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.

                                 <all>