-CITE-
    15 USC CHAPTER 57 - INTERSTATE HORSERACING                  01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 57 - INTERSTATE HORSERACING

-HEAD-
                    CHAPTER 57 - INTERSTATE HORSERACING                

-MISC1-
    Sec.                                                     
    3001.       Congressional findings and policy.                    
    3002.       Definitions.                                          
    3003.       Acceptance of interstate off-track wager.             
    3004.       Regulation of interstate off-track wagering.          
    3005.       Liability and damages.                                
    3006.       Civil action.                                         
    3007.       Jurisdiction and venue.                               

-End-



-CITE-
    15 USC Sec. 3001                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 57 - INTERSTATE HORSERACING

-HEAD-
    Sec. 3001. Congressional findings and policy

-STATUTE-
      (a) The Congress finds that - 
        (1) the States should have the primary responsibility for
      determining what forms of gambling may legally take place within
      their borders;
        (2) the Federal Government should prevent interference by one
      State with the gambling policies of another, and should act to
      protect identifiable national interests; and
        (3) in the limited area of interstate off-track wagering on
      horseraces, there is a need for Federal action to ensure States
      will continue to cooperate with one another in the acceptance of
      legal interstate wagers.

      (b) It is the policy of the Congress in this chapter to regulate
    interstate commerce with respect to wagering on horseracing, in
    order to further the horseracing and legal off-track betting
    industries in the United States.

-SOURCE-
    (Pub. L. 95-515, Sec. 2, Oct. 25, 1978, 92 Stat. 1811.)


-MISC1-
                              EFFECTIVE DATE                          
      Section 9 of Pub. L. 95-515 provided that:
      "(a) The provisions of this Act [this chapter] shall take effect
    on the date of enactment of this Act [Oct. 25, 1978], and, except
    as provided in subsection (b) of this section, shall apply to any
    interstate off-track wager accepted on or after such date of
    enactment.
      "(b)(1) The provisions of this Act [this chapter] shall not apply
    to any interstate off-track wager which is accepted pursuant to a
    contract existing on May 1, 1978.
      "(2) The provisions of this Act shall not apply to any form of
    legal non-parimutuel off-track betting existing in a State on May
    1, 1978.
      "(3) The provisions of subsection (b) of section 5 of this Act
    [section 3004(b) of this title] shall not apply to any parimutuel
    off-track betting system existing on May 1, 1978, in a State which
    does not conduct parimutuel horseracing on the date of enactment of
    this Act [Oct. 25, 1978]."

                                SHORT TITLE                            
      Section 1 of Pub. L. 95-515 provided that: "This Act [enacting
    this chapter] may be cited as the 'Interstate Horseracing Act of
    1978'."

-End-



-CITE-
    15 USC Sec. 3002                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 57 - INTERSTATE HORSERACING

-HEAD-
    Sec. 3002. Definitions

-STATUTE-
      For the purposes of this chapter the term - 
        (1) "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;
        (2) "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;
        (3) "interstate off-track wager" means a legal wager placed or
      accepted in one State with respect to the outcome of a horserace
      taking place in another State and includes pari-mutuel wagers,
      where lawful in each State involved, placed or transmitted by an
      individual in one State via telephone or other electronic media
      and accepted by an off-track betting system in the same or
      another State, as well as the combination of any pari-mutuel
      wagering pools;
        (4) "on-track wager" means a wager with respect to the outcome
      of a horserace which is placed at the racetrack at which such
      horse- race takes place;
        (5) "host State" means the State in which the horserace subject
      to the interstate wager takes place;
        (6) "off-track State" means the State in which an interstate
      off-track wager is accepted;
        (7) "off-track betting system" means any group which is in the
      business of accepting wagers on horseraces at locations other
      than the place where the horserace is run, which business is
      conducted by the State or licensed or otherwise permitted by
      State law;
        (8) "off-track betting office" means any location within an off-
      track State at which off-track wagers are accepted;
        (9) "host racing association" means any person who, pursuant to
      a license or other permission granted by the host State, conducts
      the horserace subject to the interstate wager;
        (10) "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;
        (11) "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;
        (12) "horsemen's group" means, with reference to the applicable
      host racing association, the group which represents the majority
      of owners and trainers racing there, for the races subject to the
      interstate off-track wager on any racing day;
        (13) "parimutuel" means any system whereby wagers with respect
      to the outcome of a horserace 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) "currently operating tracks" means racing associations
      conducting parimutuel horseracing at the same time of day
      (afternoon against afternoon; nighttime against nighttime) as the
      racing association conducting the horseracing which is the
      subject of the interstate off-track wager;
        (15) "race meeting" means those scheduled days during the year
      a racing association is granted permission by the appropriate
      State racing commission to conduct horseracing;
        (16) "racing day" means a full program of races at a specified
      racing association on a specified day;
        (17) "special event" means the specific individual horserace
      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;
        (18) "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;
        (19) "year" means calendar year;
        (20) "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) "regular contractual process" means those negotiations by
      which the applicable horsemen's group and host racing association
      reach agreements on issues regarding the conduct of horseracing
      by the horsemen's group at that racing association;
        (22) "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 horsemen's group, as well as any
      arrangements as to the exclusivity between the host racing
      association and the off-track betting system.

-SOURCE-
    (Pub. L. 95-515, Sec. 3, Oct. 25, 1978, 92 Stat. 1811; Pub. L. 106-
    553, Sec. 1(a)(2) [title VI, Sec. 629], Dec. 21, 2000, 114 Stat.
    2762, 2762A-108.)


-MISC1-
                                AMENDMENTS                            
      2000 - Par. (3). Pub. L. 106-553 inserted "and includes pari-
    mutuel wagers, where lawful in each State involved, placed or
    transmitted by an individual in one State via telephone or other
    electronic media and accepted by an off-track betting system in the
    same or another State, as well as the combination of any pari-
    mutuel wagering pools" after "another State".

-End-



-CITE-
    15 USC Sec. 3003                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 57 - INTERSTATE HORSERACING

-HEAD-
    Sec. 3003. Acceptance of interstate off-track wager

-STATUTE-
      No person may accept an interstate off-track wager except as
    provided in this chapter.

-SOURCE-
    (Pub. L. 95-515, Sec. 4, Oct. 25, 1978, 92 Stat. 1813.)

-End-



-CITE-
    15 USC Sec. 3004                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 57 - INTERSTATE HORSERACING

-HEAD-
    Sec. 3004. Regulation of interstate off-track wagering

-STATUTE-
    (a) Consent of host racing association, host racing commission, and
      off-track racing commission as prerequisite to acceptance of
      wager
      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 horsemen's group, under which said racing association
        may give such consent, setting forth the terms and conditions
        relating thereto; provided,
          (B) that where the host racing association has a contract
        with a horsemen's group at the time of enactment of this
        chapter 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 chapter 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 horsemen's 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 horsemen's group, said agreement
        by the horsemen's 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) Approval of tracks as prerequisite to acceptance of wager;
      exceptions
      (1) In addition to the requirement of subsection (a) of this
    section, 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 horseracing 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) of this section 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) of this section. Nothing in
    this subparagraph shall be construed to reduce or eliminate the
    necessity of obtaining all the approvals required by subsection (a)
    of this section.
    (c) Takeout amount
      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.

-SOURCE-
    (Pub. L. 95-515, Sec. 5, Oct. 25, 1978, 92 Stat. 1813.)

-End-



-CITE-
    15 USC Sec. 3005                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 57 - INTERSTATE HORSERACING

-HEAD-
    Sec. 3005. Liability and damages

-STATUTE-
      Any person accepting any interstate off-track wager in violation
    of this chapter shall be civilly liable for damages to the host
    State, the host racing association and the horsemen's 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 horsemen's
      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.

-SOURCE-
    (Pub. L. 95-515, Sec. 6, Oct. 25, 1978, 92 Stat. 1814.)

-End-



-CITE-
    15 USC Sec. 3006                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 57 - INTERSTATE HORSERACING

-HEAD-
    Sec. 3006. Civil action

-STATUTE-
    (a) Parties; remedies
      The host State, the host racing association, or the horsemen's
    group may commence a civil action against any person alleged to be
    in violation of this chapter, for injunctive relief to restrain
    violations and for damages in accordance with section 3005 of this
    title.
    (b) Intervention
      In any civil action under this section, the host State, the host
    racing association and horsemen's group, if not a party, shall be
    permitted to intervene as a matter of right.
    (c) Limitations
      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) State as defendant
      Nothing in this chapter shall be construed to permit a State to
    be sued under this section other than in accordance with its
    applicable laws.

-SOURCE-
    (Pub. L. 95-515, Sec. 7, Oct. 25, 1978, 92 Stat. 1814.)

-End-



-CITE-
    15 USC Sec. 3007                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 57 - INTERSTATE HORSERACING

-HEAD-
    Sec. 3007. Jurisdiction and venue

-STATUTE-
    (a) District court jurisdiction
      Notwithstanding any other provision of law, the district courts
    of the United States shall have jurisdiction over any civil action
    under this chapter, without regard to the citizenship of the
    parties or the amount in controversy.
    (b) Venue; service of process
      A civil action under this chapter 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 State court 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.

-SOURCE-
    (Pub. L. 95-515, Sec. 8, Oct. 25, 1978, 92 Stat. 1814.)

-End-