Senate Bill 1954

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    Florida Senate - 2000                                  SB 1954

    By Senator Latvala





    19-1637-00

  1                      A bill to be entitled

  2         An act relating to the establishment of an

  3         Interstate Compact on Licensure of Participants

  4         in Live Horseracing with Pari-mutuel Wagering;

  5         providing the purposes; providing definitions;

  6         providing eligibility criteria; providing for

  7         the establishment of a compact committee;

  8         providing powers and duties; providing voting

  9         requirements; providing administrative and

10         management criteria; providing rights and

11         responsibilities of each party state; providing

12         fee standards; providing construction and

13         severability; providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Short title.--This compact may be cited as

18  the "Interstate Compact on Licensure of Participants in Live

19  Horseracing with Pari-mutuel Wagering."

20         Section 2.  Purposes.--The purposes of this compact are

21  to: 

22         (1)  Establish uniform requirements among the party

23  states for the licensing of participants in live horseracing

24  with pari-mutuel wagering, and ensure that all participants

25  who are licensed under this compact meet a uniform minimum

26  standard of honesty and integrity.

27         (2)  Facilitate the growth of the horseracing industry

28  in each party state and nationwide by simplifying the process

29  for licensing participants in live racing, and reduce the

30  duplicative and costly process of separate licensing by the

31

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  1  regulatory agency in each state that conducts live horseracing

  2  with pari-mutuel wagering.

  3         (3)  Authorize the Department of Business and

  4  Professional Regulation to participate in this compact.

  5         (4)  Provide for participation in this compact by

  6  officials of the party states, and permit those officials,

  7  through the compact committee established by this compact, to

  8  enter into contracts with governmental agencies and

  9  nongovernmental persons to carry out the purposes of this

10  compact.

11         (5)  Establish the compact committee created by this

12  compact as an interstate governmental entity duly authorized

13  to request and receive criminal history record information

14  from the Federal Bureau of Investigation and other state and

15  local law enforcement agencies.

16         Section 3.  Definitions.--As used in this compact, the

17  term: 

18         (1)  "Compact committee" means the organization of

19  officials from the party states that is authorized to carry

20  out the purposes of this compact.

21         (2)  "Official" means the appointed, elected,

22  designated, or otherwise duly selected member of a racing

23  commission or its equivalent in a party state who represents

24  that party state as a member of the compact committee.

25         (3)  "Participants in live racing" means participants

26  in live horseracing with pari-mutuel wagering in the party

27  states.

28         (4)  "Party state" means each state that has enacted

29  this compact.

30         (5)  "State" means each of the several states of the

31  United States, the District of Columbia, the Commonwealth of

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  1  Puerto Rico, and each territory or possession of the United

  2  States.

  3         Section 4.  Entry into force.--This compact comes into

  4  force when enacted by any four states. Thereafter, this

  5  compact becomes effective as to any other state upon that

  6  state's enactment of this compact and the affirmative vote of

  7  a majority of the officials on the compact committee as

  8  provided in section 9.

  9         Section 5.  States eligible to join compact.--Any state

10  that has adopted or authorized horseracing with pari-mutuel

11  wagering is eligible to become a party to this compact.

12         Section 6.  Withdrawal from compact and impact on

13  effect of compact.--

14         (1)  Any party state may withdraw from this compact by

15  enacting a statute repealing this compact, but the withdrawal

16  does not become effective until the Governor of the

17  withdrawing state has given notice in writing of the

18  withdrawal to the Governors of all other party states.

19         (2)  If, as a result of withdrawals, participation in

20  this compact decreases to less than three party states, this

21  compact is no longer in force and effect until there are at

22  least three or more party states again participating in this

23  compact.

24         Section 7.  Compact committee established.--

25         (1)  There is created an interstate governmental entity

26  to be known as the "compact committee," which shall be

27  comprised of one official from the racing commission or its

28  equivalent in each party state, who shall be appointed, serve,

29  and be subject to removal in accordance with the laws of the

30  party state she or he represents. Under the laws of her or his

31  party state, each official shall have the assistance of her or

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  1  his state's racing commission or its equivalent in considering

  2  issues related to licensing of participants in live racing and

  3  in fulfilling her or his responsibilities as the

  4  representative from her or his state to the compact committee.

  5         (2)  If an official is unable to perform any duty in

  6  connection with the powers and duties of the compact

  7  committee, the racing commission or its equivalent from her or

  8  his state shall designate another of its members as an

  9  alternate who shall serve in her or his place and represent

10  the party state as its official on the compact committee until

11  that racing commission or its equivalent determines that the

12  original representative official is able once again to perform

13  her or his duties as that party state's representative

14  official on the compact committee. The designation of an

15  alternate shall be communicated by the affected state's racing

16  commission or its equivalent to the compact committee as the

17  committee's bylaws may provide.

18         Section 8.  Powers and duties of compact committee.--In

19  order to carry out the purposes of this compact, the compact

20  committee is granted the power and duty to:

21         (1)  Determine which categories of participants in live

22  racing, including, but not limited to, owners, trainers,

23  jockeys, grooms, mutuel clerks, racing officials,

24  veterinarians, and farriers, should be licensed by the

25  committee, and establish the requirements for the initial

26  licensure of applicants in each such category, the term of the

27  license for each category, and the requirements for renewal of

28  licenses in each category. However, with regard to requests

29  for criminal history record information on each applicant for

30  a license, and with regard to the effect of a criminal record

31  on the issuance or renewal of a license, the compact committee

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  1  shall determine for each category of participants in live

  2  racing which licensure requirements for that category are the

  3  most restrictive licensure requirements of any party state for

  4  that category and shall adopt licensure requirements for that

  5  category that are comparable to those most restrictive

  6  requirements.

  7         (2)  Investigate applicants for a license from the

  8  compact committee and, as permitted by federal and state law,

  9  gather information on the applicants, including criminal

10  history record information from the Federal Bureau of

11  Investigation and relevant state and local law enforcement

12  agencies, and, when appropriate, from the Royal Canadian

13  Mounted Police and law enforcement agencies of other

14  countries, necessary to determine whether a license should be

15  issued under the licensure requirements established by the

16  committee as provided in subsection (1). Only officials on,

17  and employees of, the compact committee may receive and review

18  criminal history record information, and those officials and

19  employees may use that information only for the purposes of

20  this compact. An official or employee may not disclose or

21  disseminate that information to any person or entity other

22  than another official on or employee of the compact committee.

23  The finger prints of each applicant for a license from the

24  compact committee shall be taken by the compact committee, its

25  employees, or its designee and, under Pub. L. No. 92-544 or

26  Pub. L. No. 100-413, shall be forwarded to a state

27  identification bureau, or to the Association of Racing

28  Commissioners, International, an association of state

29  officials regulating pari-mutuel wagering designated by the

30  Attorney General of the United States, for submission to the

31  Federal Bureau of Investigation for a criminal history record

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  1  check. Fingerprints may be submitted on a fingerprint card or

  2  by electronic or other means authorized by the Federal Bureau

  3  of Investigation or other receiving law enforcement agency.

  4         (3)  Issue licenses to, and renew the licenses of,

  5  participants in live racing listed in subsection (1) who are

  6  found by the committee to have met the licensure and renewal

  7  requirements established by the committee. The compact

  8  committee does not have the power or authority to deny a

  9  license. If it determines that an applicant will not be

10  eligible for the issuance or renewal of a compact committee

11  license, the compact committee shall notify the applicant that

12  it will not be able to process her or his application further.

13  The notification does not constitute and may not be considered

14  to be the denial of a license. Any such applicant has the

15  right to present additional evidence to, and to be heard by,

16  the compact committee, but the final decision on issuance or

17  renewal of the license shall be made by the compact committee

18  using the requirements established under subsection (1).

19         (4)  Enter into contracts or agreements with

20  governmental agencies and with nongovernmental persons to

21  provide personal services for its activities and such other

22  services as may be necessary to effectuate the purposes of

23  this compact.

24         (5)  Create, appoint, and abolish those offices,

25  employments, and positions, including an executive director,

26  as it considers necessary for the purposes of this compact;

27  prescribe their powers, duties, and qualifications; hire

28  persons to fill those offices, employments, and positions; and

29  provide for the removal, term, tenure, compensation, fringe

30  benefits, retirement benefits, and other conditions of

31  employment of its officers, employees, and other positions.

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  1         (6)  Borrow, accept, or contract for the services of

  2  personnel from any state, the United States, or any other

  3  governmental agency, or from any person, firm, association,

  4  corporation, or other entity.

  5         (7)  Acquire, hold, and dispose of real and personal

  6  property by gift, purchase, lease, license, or in other

  7  similar manner, in furtherance of the purposes of this

  8  compact.

  9         (8)  Charge a fee to each applicant for an initial

10  license or renewal of a license.

11         (9)  Receive other funds through gifts, grants, and

12  appropriations.

13         Section 9.  Voting requirements.--

14         (1)  Each official is entitled to one vote on the

15  compact committee.

16         (2)  All action taken by the compact committee with

17  regard to the addition of party states as provided in section

18  4, the licensure of participants in live racing, and the

19  receipt and disbursement of funds requires a majority vote of

20  the total number of officials or their alternates on the

21  committee. All other action by the compact committee requires

22  a majority vote of those officials or their alternates present

23  and voting.

24         (3)  An action of the compact committee may not be

25  taken unless a quorum is present. A majority of the officials

26  or their alternates on the compact committee constitutes a

27  quorum.

28         Section 10.  Administration and management.--

29         (1)  The compact committee shall elect annually from

30  among its members a chair, a vice-chair, and a

31  secretary-treasurer.

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  1         (2)  The compact committee shall adopt bylaws for the

  2  conduct of its business by a two-thirds vote of the total

  3  number of officials or their alternates on the committee at

  4  that time and has the power by the same vote to amend and

  5  rescind these bylaws. The committee shall publish its bylaws

  6  in convenient form and shall file a copy thereof and a copy of

  7  any amendments thereto with the secretary of state or

  8  equivalent agency of each of the party states.

  9         (3)  The compact committee may delegate the day-to-day

10  management and administration of its duties and

11  responsibilities to an executive director and her or his

12  support staff.

13         (4)  Employees of the compact committee shall be

14  considered governmental employees.

15         Section 11.  Immunity from liability for performance of

16  official responsibilities and duties.--An official of a party

17  state or an employee of the compact committee may not be held

18  personally liable for any good faith act or omission that

19  occurs during the performance and within the scope of her or

20  his responsibilities and duties under this compact.

21         Section 12.  Rights and responsibilities of each party

22  state.--

23         (1)  By enacting this compact, each party state: 

24         (a)  Agrees to accept the decisions of the compact

25  committee regarding the issuance of compact committee licenses

26  to participants in live racing under the committee's licensure

27  requirements, and to reimburse or otherwise pay the expenses

28  of its official representative on the compact committee or her

29  or his alternate.

30         (b)  Agrees not to treat a notification to an applicant

31  by the compact committee under subsection (3) of section 8

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  1  that the compact committee will not be able to process her or

  2  his application further as the denial of a license, or to

  3  penalize the applicant in any other way based solely on a

  4  decision by the compact committee.

  5         (c)  Reserves the right to:

  6         1.  Charge a fee for the use of a compact committee

  7  license in that state;

  8         2.  Apply its own standards in determining whether, on

  9  the facts of a particular case, a compact committee license

10  should be suspended or revoked;

11         3.  Apply its own standards in determining licensure

12  eligibility, under the laws of that party state, for

13  categories of participants in live racing that the compact

14  committee determines not to license and for individual

15  participants in live racing who do not meet the licensure

16  requirements of the compact committee; and

17         4.  Establish its own licensure standards for the

18  licensure of nonracing employees at horse racetracks and

19  employees at separate satellite wagering facilities.

20

21  Any party state that suspends or revokes a compact committee

22  license shall, through its racing commission or the equivalent

23  thereof or otherwise, promptly notify the compact committee of

24  that suspension or revocation.

25         (2)  A party state may not be held liable for the debts

26  or other financial obligations incurred by the compact

27  committee.

28         Section 13.  Construction and severability.--

29         (1)  This compact shall be liberally construed so as to

30  effectuate its purposes. The provisions of this compact are

31  severable, and, if any phrase, clause, sentence, or provision

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  1  of this compact is declared to be contrary to the constitution

  2  of the United States or of any party state, or the

  3  applicability of this compact to any government, agency,

  4  person, or circumstance is held invalid, the validity of the

  5  remainder of this compact and its applicability to any

  6  government, agency, person, or circumstance is not affected

  7  thereby.

  8         (2)  If all or some portion of this compact is held to

  9  be contrary to the constitution of any party state, the

10  compact shall remain in full force and effect as to the

11  remaining party states and in full force and effect as to the

12  state affected as to all severable matters.

13         Section 14.  This act shall take effect upon becoming a

14  law.

15

16            *****************************************

17                          SENATE SUMMARY

18    Creates the "Interstate Compact on Licensure of
      Participants in Live Horseracing with Pari-mutuel
19    Wagering." Provides a process by which states can become
      part of the compact and withdraw from the compact.
20    Establishes a compact committee and provides for its
      powers and duties, including the power to license certain
21    categories of participants in live horseracing. Provides
      for immunity from liability. Provides for the rights and
22    responsibilities of each party state.

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