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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 Representa-
tives 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
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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 rac-
ing 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 bet-
ting office during a race meeting, including a dark
weekday when such racing association or associa-
tions run on Sunday and days when a racing pro-
gram is scheduled but does not take place or cannot
be completed due to weather, strikes, and other fac-
tors not within the control of the off-track betting
system;
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(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 per-
mission 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 wa-
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gers on greyhound races at locations other than the
place where the greyhound race is run, which busi-
ness is conducted by the State or licensed or other-
wise 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 jurisdic-
tion 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 ac-
cepted;
(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 grey-
hound 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,
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agency, or instrumentality of a State or political
subdivision thereof, or any other organization or en-
tity;
(15) the term ‘‘race meeting’’ means those
scheduled days during the year a racing association
is granted permission by the appropriate State rac-
ing commission to conduct greyhound racing;
(16) the term ‘‘race day’’ means a full program
of races at a specified racing association on a speci-
fied 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 spe-
cific individual greyhound race which is deemed by
the off-track betting system to be of sufficient na-
tional significance and interest to warrant inter-
state off-track wagering on that event or events;
(19) the term ‘‘State’’ means each State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, and any territory or pos-
session of the United States;
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(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 per-
sons 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 arrange-
ments 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’
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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 neces-
sity of obtaining all the approvals required by sub-
section (a).
(c) TAKE OUT.—No parimutuel off-track betting sys-
tem 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
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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, dam-
ages 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 grey-
hound owners’ group as if each such interstate off-
track wager had been placed at the host racing asso-
ciation.
(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 ac-
cording 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 com-
mence a civil action against any person alleged to be in
violation of section 5, for injunctive relief to restrain viola-
tions 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 grey-
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hound 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 pur-
suant to subsection (a) more than 3 years after the discov-
ery 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 provi-
sion of law, the district courts of the United States shall
have jurisdiction over any civil action under section 7 with-
out 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.
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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.
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