2013 Maryland Code
STATE GOVERNMENT
§ 9-1A-09.1 - Revenue-sharing agreements related to simulcast races [Section subject to abrogation]

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Intertrack betting" has the meaning stated in § 11-101 of the Business Regulation Article.

(3) "Pari-mutuel betting" has the meaning stated in § 11-101 of the Business Regulation Article.

(4) "Party" means a:

(i) track;

(ii) group that represents a majority of the owners and trainers who race horses at each track; and

(iii) group that represents a majority of the applicable breeders in this State.

(5) "Secretary" means the Secretary of Labor, Licensing, and Regulation.

(6) "Track" has the meaning stated in § 11-101 of the Business Regulation Article.

(b) Scope. -- This section does not apply to the racecourse at Timonium.

(c) In general -- Condition of eligibility for funding. -- Except as provided in subsections (d) and (e) of this section, as a condition of eligibility for funding under §§ 9-1A-28 and 9-1A-29 of this subtitle, an agreement shall be reached on or before July 1, 2011, between the parties through at least December 31, 2013, as applicable, regarding the sharing of revenues derived from wagering on simulcast races as such issues relate to:

(1) the Interstate Horseracing Act of 1978, 15 U.S.C. §§ 3001 through 3007;

(2) pari-mutuel betting on out-of-state races under § 11-804 of the Business Regulation Article; and

(3) intertrack betting under §§ 11-808 through 11-812 of the Business Regulation Article.

(d) Failure to reach agreement -- Eligibility for funding. --

(1) If an agreement described in subsection (c) of this section is not reached by July 1, 2011, a potential party to an agreement shall be eligible for funding under §§ 9-1A-28 and 9-1A-29 of this subtitle if the party indicates to the Secretary, in writing, its consent to participate in the process described in this subsection.

(2) The Secretary shall conduct a mediation between the parties to reach a fair and equitable simulcasting agreement.

(3) If, by October 1, 2011, the parties have not reached an agreement after the mediation process conducted by the Secretary, the parties must consent to de novo binding arbitration before:

(i) the American Arbitration Association; or

(ii) an independent arbitrator, selected by the Secretary with the consent of the parties, conducted in a manner consistent with the American Arbitration Association's Commercial Dispute Resolution rules and procedures.

(e) Mediation or arbitration requirement. -- If an entity owns 100% of a track that would be a party to an agreement, and at least 49% but not more than 51% of another track that would be a party to an agreement, a mediation or an arbitration described in subsection (d) of this section may not be required until:

(1) that entity fully recuses itself, to the satisfaction of the Secretary or arbitrator, as appropriate, from participation in the negotiation of an agreement on behalf of the track in which it holds an ownership interest of at least 49% but not more than 51%; or

(2) the entity no longer owns at least 49% but not more than 51% of that track.

§ 9-1A-09.1 - Revenue-sharing agreements related to simulcast races. (Abrogation of section effective December 31, 2013.)

Abrogated.