2014 Kentucky Revised Statutes CHAPTER 230 - HORSE RACING AND SHOWING 230.3751 Interstate Compact on Licensure of Participants in Live Racing with Pari-mutuel Wagering.
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230.3751 Interstate Compact on Licensure of Participants in Live Racing with
Pari-mutuel Wagering.
The Governor of this Commonwealth is authorized and directed to execute a
compact on behalf of the Commonwealth with any of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of
the United States, legally joining therein in the form substantially as follows:
ARTICLE I
PURPOSES
SECTION 1. Purposes.
The purposes of this compact are to:
1.
Establish uniform requirements among the party states for the licensing of
participants in live racing with pari-mutuel wagering, and ensure that all such
participants who are licensed pursuant to this compact meet a uniform
minimum standard of honesty and integrity.
2.
Facilitate the growth of the pari-mutuel racing industry in each party state and
nationwide by simplifying the process for licensing participants in live racing,
and reduce the duplicative and costly process of separate licensing by the
regulatory agency in each state that conducts live racing with pari-mutuel
wagering.
3.
Authorize the Kentucky Horse Racing Commission to participate in this
compact.
4.
Provide for participation in this compact by officials of the party states, and
permit those officials, through the compact committee established by this
compact, to enter into contracts with governmental agencies and
nongovernmental persons to carry out the purposes of this compact.
5.
Establish the compact committee created by this compact as an interstate
governmental entity duly authorized to request and receive criminal history
record information from the Federal Bureau of Investigation and other state and
local law enforcement agencies.
ARTICLE II
DEFINITIONS
SECTION 2. Definitions.
"Compact committee" means the organization of officials from the party states that is
authorized and empowered by this compact to carry out the purposes of this
compact.
"Official" means the appointed, elected, designated or otherwise duly selected
member of a racing commission or the equivalent thereof in a party state who
represents that party state as a member of the compact committee.
"Participants in live racing" means participants in live racing with pari-mutuel
wagering in the party states.
"Party state" means each state that has enacted this compact.
"State" means each of the several states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico and each territory or possession of the
United States.
ARTICLE III
ENTRY INTO FORCE, ELIGIBLE PARTIES AND WITHDRAWAL
SECTION 3. Entry into force.
This compact shall come into force when enacted by any four (4) states. Thereafter,
this compact shall become effective as to any other state upon both (i) that state's
enactment of this compact and (ii) the affirmative vote of a majority of the officials on
the compact committee as provided in Section 8.
SECTION 4. States eligible to join compact.
Any state that has adopted or authorized live racing with pari-mutuel wagering shall
be eligible to become party to this compact.
SECTION 5. Withdrawal from compact and impact thereof on force and effect of
compact.
Any party state may withdraw from this compact by enacting a statute repealing this
compact, but no such withdrawal shall become effective until the head of the
executive branch of the withdrawing state has given notice in writing of such
withdrawal to the head of the executive branch of all other party states. If as a result
of withdrawals participation in this compact decreases to less than three (3) party
states, this compact no longer shall be in force and effect unless and until there are
at least three (3) or more party states again participating in this compact.
ARTICLE IV
COMPACT COMMITTEE
SECTION 6. Compact committee established.
There is hereby created an interstate governmental entity to be known as the
"compact committee," which shall be comprised of one (1) official from the racing
commission or its equivalent in each party state who shall be appointed, serve and
be subject to removal in accordance with the laws of the party state he represents.
Pursuant to the laws of his party state, each official shall have the assistance of his
state's racing commission or the equivalent thereof in considering issues related to
licensing of participants in live racing and in fulfilling his responsibilities as the
representative from his state to the compact committee. If an official is unable to
perform any duty in connection with the powers and duties of the compact
committee, the racing commission or equivalent thereof from his state shall
designate another of its members as an alternate who shall serve in his place and
represent the party state as its official on the compact committee until that racing
commission or equivalent thereof determines that the original representative official
is able once again to perform his duties as that party state's representative official on
the compact committee. The designation of an alternate shall be communicated by
the affected state's racing commission or equivalent thereof to the compact
committee as the committee's bylaws may provide.
SECTION 7. Powers and duties of compact committee.
In order to carry out the purposes of this compact, the compact committee is hereby
granted the power and duty to:
1.
Determine which categories of participants in live horse racing, including but
not limited to owners, trainers, jockeys, grooms, mutuel clerks, racing officials,
veterinarians, and farriers, and which categories of equivalent participants in
2.
3.
4.
dog racing and other forms of live racing with pari-mutuel wagering authorized
in two (2) or more of the party states, should be licensed by the committee, and
establish the requirements for the initial licensure of applicants in each such
category, the term of the license for each category, and the requirements for
renewal of licenses in each category. Provided, however, that with regard to
requests for criminal history record information on each applicant for a license,
and with regard to the effect of a criminal record on the issuance or renewal of
a license, the compact committee shall determine for each category of
participants in live racing which licensure requirements for that category are, in
its judgment, the most restrictive licensure requirements of any party state for
that category and shall adopt licensure requirements for that category that are,
in its judgment, comparable to those most restrictive requirements.
Investigate applicants for a license from the compact committee and, as
permitted by federal and state law, gather information on such applicants,
including criminal history record information from the Federal Bureau of
Investigation and relevant state and local law enforcement agencies, and,
where appropriate, from the Royal Canadian Mounted Police and law
enforcement agencies of other countries, necessary to determine whether a
license should be issued under the licensure requirements established by the
committee as provided in paragraph 1 above. Only officials on, and employees
of, the compact committee may receive and review such criminal history record
information, and those officials and employees may use that information only
for the purposes of this compact. No such official or employee may disclose or
disseminate such information to any person or entity other than another official
on or employee of the compact committee. The fingerprints of each applicant
for a license from the compact committee shall be taken by the compact
committee, its employees, or its designee and, pursuant to Public Law 92-544
or Public Law 100-413, shall be forwarded to a state identification bureau, or to
an association of state officials regulating pari-mutuel wagering designated by
the Attorney General of the United States, for submission to the Federal
Bureau of Investigation for a criminal history record check. Such fingerprints
may be submitted on a fingerprint card or by electronic or other means
authorized by the Federal Bureau of Investigation or other receiving law
enforcement agency.
Issue licenses to, and renew the licenses of, participants in live racing listed in
paragraph 1 of this section who are found by the committee to have met the
licensure and renewal requirements established by the committee. The
compact committee shall not have the power or authority to deny a license. If it
determines that an applicant will not be eligible for the issuance or renewal of a
compact committee license, the compact committee shall notify the applicant
that it will not be able to process his application further. Such notification does
not constitute and shall not be considered to be the denial of a license. Any
such applicant shall have the right to present additional evidence to, and to be
heard by, the compact committee, but the final decision on issuance or renewal
of the license shall be made by the compact committee using the requirements
established pursuant to paragraph 1 of this section.
Enter into contracts or agreements with governmental agencies and with
nongovernmental persons to provide personal services for its activities and
such other services as may be necessary to effectuate the purposes of this
compact.
5.
Create, appoint, and abolish those offices, employments, and positions,
including an executive director, as it deems necessary for the purposes of this
compact, prescribe their powers, duties and qualifications, hire persons to fill
those offices, employments and positions, and provide for the removal, term,
tenure, compensation, fringe benefits, retirement benefits and other conditions
of employment of its officers, employees and other positions.
6.
Borrow, accept, or contract for the services of personnel from any state, the
United States, or any other governmental agency, or from any person, firm,
association, corporation or other entity.
7.
Acquire, hold, and dispose of real and personal property by gift, purchase,
lease, license, or in other similar manner, in furtherance of the purposes of this
compact.
8.
Charge a fee to each applicant for an initial license or renewal of a license.
9.
Receive other funds through gifts, grants and appropriations.
SECTION 8. Voting requirements.
A. Each official shall be entitled to one (1) vote on the compact committee.
B. All action taken by the compact committee with regard to the addition of party
states as provided in Section 3, the licensure of participants in live racing, and
the receipt and disbursement of funds shall require a majority vote of the total
number of officials (or their alternates) on the committee. All other action by the
compact committee shall require a majority vote of those officials (or their
alternates) present and voting.
C. No action of the compact committee may be taken unless a quorum is present.
A majority of the officials (or their alternates) on the compact committee shall
constitute a quorum.
SECTION 9. Administration and management.
A. The compact committee shall elect annually from among its members a
chairman, a vice chairman, and a secretary/treasurer.
B. The compact committee shall adopt bylaws for the conduct of its business by a
two-thirds (2/3) vote of the total number of officials (or their alternates) on the
committee at that time and shall have the power by the same vote to amend
and rescind these bylaws. The committee shall publish its bylaws in convenient
form and shall file a copy thereof and a copy of any amendments thereto with
the Secretary of State or equivalent agency of each of the party states.
C. The compact committee may delegate the day-to-day management and
administration of its duties and responsibilities to an executive director and his
support staff.
D. Employees of the compact committee shall be considered governmental
employees.
SECTION 10. Immunity from liability for performance of official responsibilities and
duties.
No official of a party state or employee of the compact committee shall be held
personally liable for any good faith act or omission that occurs during the
performance and within the scope of his responsibilities and duties under this
compact.
ARTICLE V
RIGHTS AND RESPONSIBILITIES OF EACH PARTY STATE
SECTION 11. Rights and responsibilities of each party state.
A. By enacting this compact, each party state:
1.
Agrees (i) to accept the decisions of the compact committee regarding
the issuance of compact committee licenses to participants in live racing
pursuant to the committee's licensure requirements, and (ii) to reimburse
or otherwise pay the expenses of its official representative on the
compact committee or his alternate.
2.
Agrees not to treat a notification to an applicant by the compact
committee under paragraph 3 of Section 7 that the compact committee
will not be able to process his application further as the denial of a
license, or to penalize such an applicant in any other way based solely on
such a decision by the compact committee.
3.
Reserves the right (i) to charge a fee for the use of a compact committee
license in that state, (ii) to apply its own standards in determining whether,
on the facts of a particular case, a compact committee license should be
suspended or revoked, (iii) to apply its own standards in determining
licensure eligibility, under the laws of that party state, for categories of
participants in live racing that the compact committee determines not to
license and for individual participants in live racing who do not meet the
licensure requirements of the compact committee, and (iv) to establish its
own licensure standards for the licensure of nonracing employees at
pari-mutuel racetracks and employees to separate satellite wagering
facilities. Any party state that suspends or revokes a compact committee
license shall, through its racing commission or the equivalent thereof or
otherwise, promptly notify the compact committee of that suspension or
revocation.
B. No party state shall be held liable for the debts or other financial obligations
incurred by the compact committee.
ARTICLE VI
CONSTRUCTION AND SEVERABILITY
SECTION 12. Construction and severability.
This compact shall be liberally construed so as to effectuate its purposes. The
provisions of this compact shall be severable, and, if any phrase, clause, sentence,
or provision of this compact is declared to be contrary to the Constitution of the
United States or of any party state, or the applicability of this compact to any
government, agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If all or some portion of this
compact is held to be contrary to the constitution of any party state, the compact
shall remain in full force and effect as to the remaining party states and in full force
and effect as to the state affected as to all severable matters.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 475, effective July 15, 2010. -Amended 2004 Ky. Acts ch. 191, sec. 31, effective July 13, 2004. -- Created
2001 Ky. Acts ch. 14, sec. 1, effective June 21, 2001.
Legislative Research Commission Note (6/21/2001). Section 2 of 2001 Ky. Acts
ch. 14 provides that KRS 230.3751 takes effect upon enactment of the Interstate
Compact on Licensure of Participants in Live Racing with Pari-mutuel Wagering
by no less than four states. In a letter dated April 27, 2001, the Association of
Racing Commissioners International informed the Reviser of Statutes that more
than four states have adopted the compact. Accordingly, this section becomes
effective on June 21, 2001, which is the regular effective date for legislation
enacted in the 2001 Regular Session of the General Assembly.
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