AN
ACT Relating to the live horse racing compact; and adding a new chapter to
Title 67 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
purposes of the live horse racing compact are to:
(1)
Establish uniform requirements among the party states for the licensing of
participants in live horse racing with pari-mutuel wagering, and ensure that
all such participants who are licensed pursuant to the compact meet a uniform
minimum standard of honesty and integrity;
(2)
Facilitate the growth of the horse racing industry in each party state and
nation-wide 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 horse racing with
pari-mutuel wagering;
(3)
Authorize the Washington horse racing commission to participate in the live
horse racing compact;
(4)
Provide for participation in the live horse racing compact by officials of the
party states, and permit those officials, through the compact committee
established by this chapter, to enter into contracts with governmental agencies
and nongovernmental persons to carry out the purposes of the live horse racing
compact; and
(5)
Establish the compact committee created by this chapter 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.
NEW
SECTION. Sec. 2.
Unless the context clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(1)
"Compact committee" means the organization of officials from the
party states that is authorized and empowered by the live horse racing compact
to carry out the purposes of the compact.
(2)
"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.
(3)
"Participants in live racing" means participants in live horse racing
with pari-mutuel wagering in the party states.
(4)
"Party state" means each state that has enacted the live horse racing
compact.
(5)
"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.
NEW
SECTION. Sec. 3. The
live horse racing compact shall come into force when enacted by any four
states. Thereafter, the compact shall become effective as to any other state
upon: (1) That state's enactment of the compact; and (2) the affirmative vote
of a majority of the officials on the compact committee as provided in section
8 of this act.
NEW
SECTION. Sec. 4. Any
state that has adopted or authorized horse racing with pari-mutuel wagering is
eligible to become party to the live horse racing compact.
NEW
SECTION. Sec. 5. Any
party state may withdraw from the live horse racing compact by enacting a
statute repealing the compact, but no such withdrawal is 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 the compact
decreases to less than three party states, the compact no longer shall be in
force and effect unless and until there are at least three or more party states
again participating in the compact.
NEW
SECTION. Sec. 6. (1)
There is created an interstate governmental entity to be known as the
"compact committee" which shall be comprised of one 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 or she represents. Under the laws of his or her party state, each official
shall have the assistance of his or her state's racing commission or the
equivalent thereof in considering issues related to licensing of participants
in live racing and in fulfilling his or her responsibilities as the
representative from his or her 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 or her
state shall designate another of its members as an alternate who shall serve in
his or her 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 or her
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.
(2)
The governor shall appoint the official to represent the state of Washington on
the compact committee for a term of four years. No official may serve more
than three consecutive terms. A vacancy shall be filled by the governor for
the unexpired term.
NEW
SECTION. Sec. 7. In
order to carry out the live horse racing compact, the compact committee is
granted the power and duty to:
(1)
Determine which categories of participants in live racing, including but not
limited to owners, trainers, jockeys, grooms, mutuel clerks, racing officials,
veterinarians, and farriers, should be licensed by the compact 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. However, 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;
(2)
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 compact committee
under subsection (1) of this section. 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 the 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 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;
(3)
Issue licenses to, and renew the licenses of, participants in live racing
listed in subsection (1) of this section who are found by the compact committee
to have met the licensure and renewal requirements established by the compact
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 or her application
further. Such notification does not constitute and shall not be considered to
be the denial of a license. Any such applicant has 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 under subsection (1) of
this section;
(4)
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 carry out the compact;
(5)
Create, appoint, and abolish those offices, employments, and positions,
including an executive director, as it deems necessary for the purposes of the
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 compact;
(8)
Charge a fee to each applicant for an initial license or renewal of a license;
and
(9)
Receive other funds through gifts, grants, and appropriations.
NEW
SECTION. Sec. 8. (1)
Each official is entitled to one vote on the compact committee.
(2)
All action taken by the compact committee with regard to the addition of party
states as provided in section 3 of this act, the licensure of participants in
live racing, and the receipt and disbursement of funds require a majority vote
of the total number of officials, or their alternates, on the compact
committee. All other action by the compact committee requires a majority vote
of those officials, or their alternates, present and voting.
(3)
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
constitutes a quorum.
NEW
SECTION. Sec. 9. (1)
The compact committee shall elect annually from among its members a chair, a
vice-chair, and a secretary/treasurer.
(2)
The compact committee shall adopt bylaws for the conduct of its business by a
two-thirds vote of the total number of officials, or their alternates, on the
compact committee at that time and shall have the power by the same vote to
amend and rescind such bylaws. The compact 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.
(3)
The compact committee may delegate the day-to-day management and administration
of its duties and responsibilities to an executive director and the executive
director's support staff.
(4)
Employees of the compact committee are considered governmental employees.
NEW
SECTION. Sec. 10. 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 or her responsibilities and duties
under the live horse racing compact.
NEW
SECTION. Sec. 11. (1)
By enacting the compact, each party state:
(a)
Agrees: (i) To accept the decisions of the compact committee regarding the
issuance of compact committee licenses to participants in live racing under the
compact committee's licensure requirements; and (ii) to reimburse or otherwise
pay the expenses of its official representative on the compact committee or his
or her alternate;
(b)
Agrees not to treat a notification to an applicant by the compact committee
under section 7(3) of this act that the compact committee will not be able to
process the 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; and
(c)
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 horse racetracks and
employees at 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.
(2)
No party state shall be held liable for the debts or other financial
obligations incurred by the compact committee.
NEW
SECTION. Sec. 12. All
departments, agencies, and officers of the state of Washington and its
political subdivisions are authorized to cooperate with the compact committee
in furtherance of any of its activities of the live horse racing compact.
NEW
SECTION. Sec. 13.
Nothing in this chapter shall be construed to diminish or limit the powers and
responsibilities of the Washington horse racing commission established in
chapter 67.16 RCW or to invalidate any action of the Washington horse racing
commission previously taken, including without limitation any regulation issued
by the commission.
NEW
SECTION. Sec. 14. This
chapter shall be liberally construed so as to effectuate its purposes. The
provisions of this chapter are severable, and, if any phrase, clause, sentence,
or provision of the compact is declared to be contrary to the Constitution of
the United States or of any party state, or the applicability of the live horse
racing compact to any government, agency, person, or circumstance is held
invalid, the validity of the remainder of the compact and the applicability
thereof to any government, agency, person, or circumstance shall not be
affected thereby. If all or some portion of the live horse racing 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.
NEW
SECTION. Sec. 15. This
act may be known and cited as the live horse racing compact.
NEW
SECTION. Sec. 16.
Sections 1 through 15 of this act constitute a new chapter in Title 67 RCW.
