Brief Description: Authorizing the horse racing commission to continue receiving criminal history information.

Sponsors: Representatives Cody, Cairnes, Kenney and Wood; by request of Horse Racing Commission.

Hearing Date: 2/6/03

Staff: Chris Cordes (786-7103).

Background:

The Washington Horse Racing Commission (Commission) licenses, regulates, and supervises parimutuel horse racing in Washington. The Commission requires licensing for racing associations and for all individuals who participate in racing at a racetrack. Examples of individuals licensed by the Commission include jockeys, horse owners, trainers, veterinarians, horse grooms, and exercise riders.

For purposes of licensing, the Commission considers the criminal record of each applicant. An applicant's criminal background may contain two types of data. Conviction data includes all arrests, detentions, or other formal charges leading to a conviction or other disposition adverse to the person. Non-conviction data includes arrests, detentions, and formal criminal charges that have not led to conviction or other adverse disposition and for which proceedings are not actively pending. Proceedings are presumed to be not actively pending if more than one year has elapsed since arrest.

Although criminal justice agencies may release conviction records without restriction, non-conviction data contained in a criminal history record may be released only under limited circumstances. One of these circumstances allows the release of information pursuant to a statute. Legislation enacted in 2000 authorizes the Commission to receive criminal history records that include non-conviction data for any purpose associated with the investigating suitability for involvement in authorized horse racing activities. The Commission's authority to receive these records expires on June 1, 2003.

Summary of Bill:

The Horse Racing Commission's authority to receive non-conviction data in criminal history records is continued beyond June 30, 2003, by repealing the clause that would terminate that authority.

Rules Authority: The bill does not contain provisions addressing the rule-making powers of an agency.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect ninety days after adjournment of session in which bill is passed.