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State Racing Commission

May 20, 2012 · Read the full official report (PDF) ↗

Published May 20, 2012 Audit covers July 1, 2011 – May 20, 2012 Under Suzanne M. Bump · 2011–2023

Read the plain-English breakdown
What is this?

This is a transition audit of the former State Racing Commission as its duties moved to the Massachusetts Gaming Commission.

“In accordance with Chapter 11, Section 12, of the General Laws, and at the request of the MGC, the Office of the State Auditor (OSA) conducted a transition audit of the status of financial activities, accounts and functions and the related systems and control environment of the SRC for fiscal year 2012 through the transition date of May 20, 2012.”
Why was it audited?

The audit was done to help the new agency understand the old agency’s finances and operations, and to flag any control problems needing correction.

“The purpose of our audit was to inform the MGC of the status of fiscal and administrative operations as of May 20, 2012 to enhance the transition from the prior administration to the new administration and to identify systems and internal accounting and administrative controls needing corrective action and improvement.”
Why it matters

The State Racing Commission oversaw gambling-related racing activities, so its finances and controls affected public money and the integrity of racing regulation.

“Under the current ISA, DPL is charged with the supervision of all conduct relating to the business of racing in Massachusetts and ensuring the integrity of the racing industry.”
What's in it for me?

For residents, the report says the former racing regulator’s tested operations did not show major control or compliance problems, but there was a legal question about payments to host cities and towns.

“However, an issue requiring further legal review and resolution was identified.”
The bottom line

The auditor did not report audit findings against the commission’s tested operations, but did identify a payment issue that needed legal clarification.

“As previously noted, the results of our audit testing disclosed no issues of noncompliance.”
What happens next

The Massachusetts Gaming Commission may need legal advice about whether certain city and town payments were proper and what should happen with future payments.

“Consequently, the MGC may want to obtain a legal opinion on this matter from the State Attorney General.”
Why it's significant

The main significance is that racing oversight was moved to a new agency, and the audit found the old agency’s tested operations were in good order at the point of transition.

“On May 20, 2012, pursuant to Chapter 194 of the Acts of 2011, the Massachusetts Gaming Commission (MGC) assumed all duties and responsibilities formerly carried out by the State Racing Commission (SRC).”
Jargon, unpacked

Pari-mutuel wagering means betting where winnings come from the total pool of bets, and the report uses the term while describing the racing activities transferred to the Gaming Commission.

“Pursuant to Chapter 194 of the Acts of 2011, the State Racing Commission (SRC) ceased operations on May 20, 2012 and the Massachusetts Gaming Commission (MGC) assumed oversight responsibility for horse racing, pari-mutuel wagering, and simulcasting in the Commonwealth.”

2 figure(s) pending source verification - not shown

What the Auditor checked

What the Auditor found

The Division of Professional Licensure continued processing local racing tax revenue distributions after the statutory authority for those distributions had been repealed.
internal controls

Why it matters: There was legal uncertainty about whether the payments were authorized, whether cities and towns should reimburse the funds, and where reimbursed funds should be deposited.

Standard: Chapter 58, Section 18D, of the Massachusetts General Laws; Chapter 194, Section 26, of the Acts of 2011 ( Chapter 58, Section 18D, of the Massachusetts General Laws; Chapter 194, Section 26, of the Acts of 2011 )

1 recommendation
  • The Massachusetts Gaming Commission may want to obtain a legal opinion from the State Attorney General on its legal responsibility for payments to cities and towns.