21.0512.01000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2158
of North Dakota
Introduced by
Senators Myrdal, Luick, Bell
Representatives Paur, Steiner
1 A BILL for an Act to amend and reenact section 53-06.2-01, subsection 3 of section 53-06.2-07,
2 and section 53-06.2-15 of North Dakota Century Code, relating to pari-mutuel horse racing; and
3 to repeal section 53-06.2-03 of the North Dakota Century Code, relating to the appointment of a
4 director of racing.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Section 53-06.2-01 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 53-06.2-01. Definitions.
9 As used in this chapter:
10 1. "Breeders' fund" means a fund, administered by the commission, established to
11 financially reward breeders or owners of North Dakota-bred horses to be paid in
12 accordance with rules as approved by the commission.
13 2. "Certificate system" means the system of betting described in section 53-06.2-10.
14 3. "Charitable organization" means a nonprofit organization operated for the relief of
15 poverty, distress, or other conditions of public concern in this state and has been so
16 engaged in this state for at least two years.
17 4. "Civic and service club" means a branch, lodge, or chapter of a nonprofit national or
18 state organization that is authorized by its written constitution, charter, articles of
19 incorporation, or bylaws to engage in a civic or service purpose in this state and has
20 so existed in this state for at least two years. The term includes a similar local
21 nonprofit organization, not affiliated with a state or national organization, which is so
22 recognized by a resolution adopted by the governing body of the local jurisdiction in
23 which the organization conducts its principal activities, and which has existed in this
24 state for at least two years.
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Legislative Assembly
1 5. "Commission" means the North Dakota racing commission.
2 6. "Director" means the director of the commission.
3 7. "Fraternal organization" means a nonprofit organization in this state, which is a
4 branch, lodge, or chapter of a national or state organization and exists for the common
5 business, brotherhood, or other interests of its members, and has so existed in this
6 state for two years. The term does not include a college or high school fraternity.
7 8.7. "Local jurisdiction" means, with respect to a site inside the city limits of a city, that city,
8 and with respect to a site not inside the city limits of a city, the county in which the site
9 is located.
10 9.8. "Other public-spirited organization" means a nonprofit organization recognized by the
11 governing body of the appropriate local jurisdiction by resolution as public-spirited and
12 eligible under this chapter.
13 10.9. "Purse fund" means a fund, administered by the commission, established to
14 supplement and improve purses offered at racetracks within the state.
15 11.10. "Racing" means live or simulcast horse racing under the certificate system or
16 simulcast dog racing under the certificate system.
17 12.11. "Racing promotion fund" means a fund administered by the commission established to
18 assist in improving and upgrading racetracks in the state, promoting horse racing in
19 the state, and developing new racetracks in the state as necessary and approved by
20 the commission.
21 13.12. "Religious organization" means a nonprofit organization, church, body of
22 communicants, or group gathered in common membership for mutual support and
23 edification in piety, worship, and religious observances, and which has been so
24 gathered or united in this state for at least two years.
25 14.13. "Veterans' organization" means a congressionally chartered organization in this state,
26 or a branch, lodge, or chapter of a nonprofit national or state organization in this state,
27 the membership of which consists of individuals who were members of the armed
28 services or forces of the United States, and which has so been in existence in this
29 state for at least two years.
30 SECTION 2. AMENDMENT. Subsection 3 of section 53-06.2-07 of the North Dakota
31 Century Code is amended and reenacted as follows:
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Legislative Assembly
1 3. At least thirty days before the commission issues or renews a license to conduct
2 races, the applicant shall deliver a complete copy of the application to the local
3 jurisdiction governing body. The application to the commission must include a
4 certificate verified by a representative of the applicant, indicating delivery of the
5 application copy to the governing body. If the governing body of the local jurisdiction
6 adopts a resolution disapproving the application for license or renewal and so informs
7 the directorcommission within thirty days of receiving a copy of the application, the
8 license to conduct races may not be issued or renewed.
9 SECTION 3. AMENDMENT. Section 53-06.2-15 of the North Dakota Century Code is
10 amended and reenacted as follows:
11 53-06.2-15. Revocation, suspension, fine - Procedure.
12 The commission, on proof of violation by a licensee, its agents or employees, of this chapter
13 or any rule adopted by the commission may, on reasonable notice to the licensee and after
14 giving the licensee an opportunity to be heard, may fine the licensee or revoke or suspend the
15 license. If the license is revoked, the licensee is not eligible to receive another license within
16 twelve months from the date of revocation. Every decision or order of the commission must be
17 made in writing and filed with the directorattorney general for preservation as a permanent
18 record of the commission. The decision must be signed by the chairman, attested by the
19 director, and dated.
20 SECTION 4. REPEAL. Section 53-06.2-03 of the North Dakota Century Code is repealed.
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Statutes affected: INTRODUCED: 53-06.2-01, 53-06.2-07, 53-06.2-15, 53-06.2-03