§ 59.1-394.1. Live Horseracing Compact; form of compact.
The Live Horseracing Compact is enacted into law and entered into with allother jurisdictions legally joining therein in the form substantially asfollows:
ARTICLE I. Purposes.
§ 1. Purposes.
The purposes of this compact are to:
1. Establish uniform requirements among the party states for the licensing ofparticipants in live horse racing with pari-mutuel wagering, and ensure thatall such participants who are licensed pursuant to this compact meet auniform minimum standard of honesty and integrity.
2. Facilitate the growth of the horse racing industry in each party state andnationwide by simplifying the process for licensing participants in liveracing, and reduce the duplicative and costly process of separate licensingby the regulatory agency in each state that conducts live horse racing withpari-mutuel wagering.
3. Authorize the Virginia Racing Commission to participate in this compact.
4. Provide for participation in this compact by officials of the partystates, and permit those officials, through the compact committee establishedby this compact, to enter into contracts with governmental agencies andnongovernmental persons to carry out the purposes of this compact.
5. Establish the compact committee created by this compact as an interstategovernmental entity duly authorized to request and receive criminal historyrecord information from the Federal Bureau of Investigation and other stateand local law-enforcement agencies.
ARTICLE II. Definitions.
§ 2. Definitions.
"Compact committee" means the organization of officials from the partystates that is authorized and empowered by this compact to carry out thepurposes of this compact.
"Official" means the appointed, elected, designated or otherwise dulyselected representative of a racing commission or the equivalent thereof in aparty state who represents that party state as a member of the compactcommittee.
"Participants in live racing" means participants in live horse racing withpari-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 Districtof Columbia, the Commonwealth of Puerto Rico and each territory or possessionof the United States.
ARTICLE III. Entry into Force, Eligible Parties and Withdrawal.
§ 3. Entry into force.
This compact shall come into force when enacted by any four states.Thereafter, this compact shall become effective as to any other state upon(i) that state's enactment of this compact and (ii) the affirmative vote of amajority of the officials on the compact committee as provided in § 8.
§ 4. States eligible to join compact.
Any state that has adopted or authorized horse racing with pari-mutuelwagering shall be eligible to become party to this compact.
§ 5. Withdrawal from compact and impact thereof on force and effect ofcompact.
Any party state may withdraw from this compact by enacting a statuterepealing this compact, but no such withdrawal shall become effective untilthe head of the executive branch of the withdrawing state has given notice inwriting of such withdrawal to the head of the executive branch of all otherparty states. If as a result of withdrawals participation in this compactdecreases to less than three party states, this compact no longer shall be inforce and effect unless and until there are at least three or more partystates again participating in this compact.
ARTICLE IV. Compact Committee.
§ 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 official from theracing commission or its equivalent in each party state who shall beappointed, serve and be subject to removal in accordance with the laws of theparty state he represents. Pursuant to the laws of his party state, eachofficial shall have the assistance of his state's racing commission or theequivalent thereof in considering issues related to licensing of participantsin live racing and in fulfilling his responsibilities as the representativefrom his state to the compact committee. If an official is unable to performany duty in connection with the powers and duties of the compact committee,the racing commission or equivalent thereof from his state shall designate analternate who shall serve in his place and represent the party state as itsofficial on the compact committee until that racing commission or equivalentthereof determines that the original representative official is able onceagain to perform his duties as that party state's representative official onthe compact committee. The designation of an alternate shall be communicatedby the affected state's racing commission or equivalent thereof to thecompact committee as the committee's bylaws may provide.
§ 7. Powers and duties of compact committee.
In order to carry out the purposes of this compact, the compact committee ishereby granted the power and duty to:
1. Determine which categories of participants in live racing, including butnot limited to owners, trainers, jockeys, grooms, mutuel clerks, racingofficials, veterinarians, and farriers, and which categories of equivalentparticipants in live racing with pari-mutuel wagering authorized in two ormore of the party states, should be licensed by the committee, and establishthe requirements for the initial licensure of applicants in each suchcategory, the term of the license for each category, and the requirements forrenewal of licenses in each category. Provided, however, that with regard torequests for criminal record on the issuance or renewal of a license, thecompact committee shall determine for each category of participants in liveracing which licensure requirements for that category are, in its judgment,the most restrictive licensure requirements of any party state for thatcategory 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, aspermitted by federal and state law, gather information on such applicants,including criminal history record information from the Federal Bureau ofInvestigation and relevant state and local law-enforcement agencies, and,where appropriate, from the Royal Canadian Mounted Police and law-enforcementagencies of other countries, necessary to determine whether a license shouldbe issued under the licensure requirements established by the committee asprovided in paragraph 1 of this section. Only officials on, and employees of,the compact committee may receive and review such criminal history recordinformation, and those officials and employees may use that information onlyfor the purposes of this compact. No such official or employee may discloseor disseminate such information to any person or entity other than anotherofficial or employee of the compact committee. The fingerprints of eachapplicant for a license from the compact committee shall be taken by thecompact committee, its employees, or its designee and, pursuant to Public Law92-544 or Public Law 100-413, shall be forwarded to a state identificationbureau, or an association of state officials regulating pari-mutuel wageringdesignated by the Attorney General of the United States, for submission tothe Federal Bureau of Investigation for a criminal history record check. Suchfingerprints may be submitted on a fingerprint card or by electronic or othermeans authorized by the Federal Bureau of Investigation or other receivinglaw-enforcement agency.
3. Issue licenses to, and renew the licenses of, participants in live racinglisted in paragraph 1 of this section who are found by the committee to havemet the licensure and renewal requirements established by the committee. Thecompact committee shall not have the power or authority to deny a license. Ifit determines that an applicant will not be eligible for the issuance orrenewal of a compact committee license, the compact committee shall notifythe applicant that it will not be able to process his application further.Such notification does not constitute and shall not be considered to be thedenial of a license. Any such applicant shall have the right to presentadditional evidence to, and to be heard by, the compact committee, but thefinal decision on issuance or renewal of the license shall be made by thecompact committee using the requirements established pursuant to paragraph 1of this section.
4. Enter into contracts or agreements with governmental agencies and withnongovernmental persons to provide personal services for its activities andsuch other services as may be necessary to effectuate the purposes of thiscompact.
5. Create, appoint, and abolish those offices, employments, and positions,including an executive director, as it deems necessary for the purposes ofthis compact, prescribe their powers, duties and qualifications, hire personsto fill those offices, employments and positions, and provide for theremoval, term, tenure, compensation, fringe benefits, retirement benefits andother 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 thepurposes of this compact.
8. Charge a fee to each applicant for an initial license or renewal of alicense.
9. Receive other funds through gifts, grants and appropriations.
§ 8. Voting requirements.
A. Each official shall be entitled to one vote on the compact committee.
B. All action taken by the compact committee with regard to the addition ofparty states as provided in § 3, the licensure of participants in liveracing, and the receipt and disbursement of funds shall require a majorityvote of the total number of officials (or their alternates) on the committee.All other action by the compact committee shall require a majority vote ofthose officials (or their alternates) present and voting.
C. No action of the compact committee may be taken unless a quorum ispresent. A majority of the officials (or their alternates) on the compactcommittee shall constitute a quorum.
§ 9. Administration and management.
A. The compact committee shall elect annually from among its members achairman, a vice-chairman, and a secretary/treasurer.
B. The compact committee shall adopt bylaws for the conduct of its businessby a two-thirds 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 toamend and rescind such bylaws. The committee shall publish its bylaws inconvenient form and shall file a copy thereof and a copy of any amendmentsthereto with the secretary of state or equivalent agency of each of the partystates.
C. The compact committee may delegate the day-to-day management andadministration of its duties and responsibilities to an executive directorand his support staff.
D. Employees of the compact committee shall be considered governmentalemployees.
§ 10. Immunity from liability for performance of official responsibilitiesand duties.
No official of a party state or employee of the compact committee shall beheld personally liable for any good faith act or omission that occurs duringthe performance and within the scope of his responsibilities and duties underthis compact.
ARTICLE V. Rights and Responsibilities of Each Party State.
§ 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 theissuance of compact committee licenses to participants in live racingpursuant to the committee's licensure requirements and (ii) to reimburse orotherwise pay the expenses of its official representative on the compactcommittee or his alternate.
2. Agrees not to treat a notification to an applicant by the compactcommittee under paragraph 3 of § 7 that the compact committee will not beable to process his application further as the denial of a license, or topenalize such an applicant in any other way based solely on such a decisionby the compact committee.
3. Reserves the right (i) to charge a fee for the use of a compact committeelicense in that state, (ii) to apply its own standards in determiningwhether, on the facts of a particular case, a compact committee licenseshould be suspended or revoked, (iii) to apply its own standards indetermining licensure eligibility, under the laws of that party state, forcategories of participants in live racing that the compact committeedetermines not to license and for individual participants in live racing whodo not meet the licensure requirements of the compact committee, and (iv) toestablish its own licensure standards for the licensure of nonracingemployees at horse racetracks and employees at separate satellite wageringfacilities. Any party state that suspends or revokes a compact committeelicense shall, through its racing commission or the equivalent thereof orotherwise, promptly notify the compact committee of that suspension orrevocation.
B. No party state shall be held liable for the debts or other financialobligations incurred by the compact committee.
ARTICLE VI. Construction and Severability.
§ 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 tothe Constitution of the United States or of any party state, or theapplicability of this compact to any government, agency, person orcircumstance is held invalid, the validity of the remainder of this compactand the applicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If all or some portion of thiscompact is held to be contrary to the constitution of any party state, thecompact shall remain in full force and effect as to the remaining partystates and in full force and effect as to the state affected as to allseverable matters.
§ 59.1-394.1. Live Horseracing Compact; form of compact.
The Live Horseracing Compact is enacted into law and entered into with allother jurisdictions legally joining therein in the form substantially asfollows:
ARTICLE I. Purposes.
§ 1. Purposes.
The purposes of this compact are to:
1. Establish uniform requirements among the party states for the licensing ofparticipants in live horse racing with pari-mutuel wagering, and ensure thatall such participants who are licensed pursuant to this compact meet auniform minimum standard of honesty and integrity.
2. Facilitate the growth of the horse racing industry in each party state andnationwide by simplifying the process for licensing participants in liveracing, and reduce the duplicative and costly process of separate licensingby the regulatory agency in each state that conducts live horse racing withpari-mutuel wagering.
3. Authorize the Virginia Racing Commission to participate in this compact.
4. Provide for participation in this compact by officials of the partystates, and permit those officials, through the compact committee establishedby this compact, to enter into contracts with governmental agencies andnongovernmental persons to carry out the purposes of this compact.
5. Establish the compact committee created by this compact as an interstategovernmental entity duly authorized to request and receive criminal historyrecord information from the Federal Bureau of Investigation and other stateand local law-enforcement agencies.
ARTICLE II. Definitions.
§ 2. Definitions.
"Compact committee" means the organization of officials from the partystates that is authorized and empowered by this compact to carry out thepurposes of this compact.
"Official" means the appointed, elected, designated or otherwise dulyselected representative of a racing commission or the equivalent thereof in aparty state who represents that party state as a member of the compactcommittee.
"Participants in live racing" means participants in live horse racing withpari-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 Districtof Columbia, the Commonwealth of Puerto Rico and each territory or possessionof the United States.
ARTICLE III. Entry into Force, Eligible Parties and Withdrawal.
§ 3. Entry into force.
This compact shall come into force when enacted by any four states.Thereafter, this compact shall become effective as to any other state upon(i) that state's enactment of this compact and (ii) the affirmative vote of amajority of the officials on the compact committee as provided in § 8.
§ 4. States eligible to join compact.
Any state that has adopted or authorized horse racing with pari-mutuelwagering shall be eligible to become party to this compact.
§ 5. Withdrawal from compact and impact thereof on force and effect ofcompact.
Any party state may withdraw from this compact by enacting a statuterepealing this compact, but no such withdrawal shall become effective untilthe head of the executive branch of the withdrawing state has given notice inwriting of such withdrawal to the head of the executive branch of all otherparty states. If as a result of withdrawals participation in this compactdecreases to less than three party states, this compact no longer shall be inforce and effect unless and until there are at least three or more partystates again participating in this compact.
ARTICLE IV. Compact Committee.
§ 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 official from theracing commission or its equivalent in each party state who shall beappointed, serve and be subject to removal in accordance with the laws of theparty state he represents. Pursuant to the laws of his party state, eachofficial shall have the assistance of his state's racing commission or theequivalent thereof in considering issues related to licensing of participantsin live racing and in fulfilling his responsibilities as the representativefrom his state to the compact committee. If an official is unable to performany duty in connection with the powers and duties of the compact committee,the racing commission or equivalent thereof from his state shall designate analternate who shall serve in his place and represent the party state as itsofficial on the compact committee until that racing commission or equivalentthereof determines that the original representative official is able onceagain to perform his duties as that party state's representative official onthe compact committee. The designation of an alternate shall be communicatedby the affected state's racing commission or equivalent thereof to thecompact committee as the committee's bylaws may provide.
§ 7. Powers and duties of compact committee.
In order to carry out the purposes of this compact, the compact committee ishereby granted the power and duty to:
1. Determine which categories of participants in live racing, including butnot limited to owners, trainers, jockeys, grooms, mutuel clerks, racingofficials, veterinarians, and farriers, and which categories of equivalentparticipants in live racing with pari-mutuel wagering authorized in two ormore of the party states, should be licensed by the committee, and establishthe requirements for the initial licensure of applicants in each suchcategory, the term of the license for each category, and the requirements forrenewal of licenses in each category. Provided, however, that with regard torequests for criminal record on the issuance or renewal of a license, thecompact committee shall determine for each category of participants in liveracing which licensure requirements for that category are, in its judgment,the most restrictive licensure requirements of any party state for thatcategory 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, aspermitted by federal and state law, gather information on such applicants,including criminal history record information from the Federal Bureau ofInvestigation and relevant state and local law-enforcement agencies, and,where appropriate, from the Royal Canadian Mounted Police and law-enforcementagencies of other countries, necessary to determine whether a license shouldbe issued under the licensure requirements established by the committee asprovided in paragraph 1 of this section. Only officials on, and employees of,the compact committee may receive and review such criminal history recordinformation, and those officials and employees may use that information onlyfor the purposes of this compact. No such official or employee may discloseor disseminate such information to any person or entity other than anotherofficial or employee of the compact committee. The fingerprints of eachapplicant for a license from the compact committee shall be taken by thecompact committee, its employees, or its designee and, pursuant to Public Law92-544 or Public Law 100-413, shall be forwarded to a state identificationbureau, or an association of state officials regulating pari-mutuel wageringdesignated by the Attorney General of the United States, for submission tothe Federal Bureau of Investigation for a criminal history record check. Suchfingerprints may be submitted on a fingerprint card or by electronic or othermeans authorized by the Federal Bureau of Investigation or other receivinglaw-enforcement agency.
3. Issue licenses to, and renew the licenses of, participants in live racinglisted in paragraph 1 of this section who are found by the committee to havemet the licensure and renewal requirements established by the committee. Thecompact committee shall not have the power or authority to deny a license. Ifit determines that an applicant will not be eligible for the issuance orrenewal of a compact committee license, the compact committee shall notifythe applicant that it will not be able to process his application further.Such notification does not constitute and shall not be considered to be thedenial of a license. Any such applicant shall have the right to presentadditional evidence to, and to be heard by, the compact committee, but thefinal decision on issuance or renewal of the license shall be made by thecompact committee using the requirements established pursuant to paragraph 1of this section.
4. Enter into contracts or agreements with governmental agencies and withnongovernmental persons to provide personal services for its activities andsuch other services as may be necessary to effectuate the purposes of thiscompact.
5. Create, appoint, and abolish those offices, employments, and positions,including an executive director, as it deems necessary for the purposes ofthis compact, prescribe their powers, duties and qualifications, hire personsto fill those offices, employments and positions, and provide for theremoval, term, tenure, compensation, fringe benefits, retirement benefits andother 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 thepurposes of this compact.
8. Charge a fee to each applicant for an initial license or renewal of alicense.
9. Receive other funds through gifts, grants and appropriations.
§ 8. Voting requirements.
A. Each official shall be entitled to one vote on the compact committee.
B. All action taken by the compact committee with regard to the addition ofparty states as provided in § 3, the licensure of participants in liveracing, and the receipt and disbursement of funds shall require a majorityvote of the total number of officials (or their alternates) on the committee.All other action by the compact committee shall require a majority vote ofthose officials (or their alternates) present and voting.
C. No action of the compact committee may be taken unless a quorum ispresent. A majority of the officials (or their alternates) on the compactcommittee shall constitute a quorum.
§ 9. Administration and management.
A. The compact committee shall elect annually from among its members achairman, a vice-chairman, and a secretary/treasurer.
B. The compact committee shall adopt bylaws for the conduct of its businessby a two-thirds 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 toamend and rescind such bylaws. The committee shall publish its bylaws inconvenient form and shall file a copy thereof and a copy of any amendmentsthereto with the secretary of state or equivalent agency of each of the partystates.
C. The compact committee may delegate the day-to-day management andadministration of its duties and responsibilities to an executive directorand his support staff.
D. Employees of the compact committee shall be considered governmentalemployees.
§ 10. Immunity from liability for performance of official responsibilitiesand duties.
No official of a party state or employee of the compact committee shall beheld personally liable for any good faith act or omission that occurs duringthe performance and within the scope of his responsibilities and duties underthis compact.
ARTICLE V. Rights and Responsibilities of Each Party State.
§ 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 theissuance of compact committee licenses to participants in live racingpursuant to the committee's licensure requirements and (ii) to reimburse orotherwise pay the expenses of its official representative on the compactcommittee or his alternate.
2. Agrees not to treat a notification to an applicant by the compactcommittee under paragraph 3 of § 7 that the compact committee will not beable to process his application further as the denial of a license, or topenalize such an applicant in any other way based solely on such a decisionby the compact committee.
3. Reserves the right (i) to charge a fee for the use of a compact committeelicense in that state, (ii) to apply its own standards in determiningwhether, on the facts of a particular case, a compact committee licenseshould be suspended or revoked, (iii) to apply its own standards indetermining licensure eligibility, under the laws of that party state, forcategories of participants in live racing that the compact committeedetermines not to license and for individual participants in live racing whodo not meet the licensure requirements of the compact committee, and (iv) toestablish its own licensure standards for the licensure of nonracingemployees at horse racetracks and employees at separate satellite wageringfacilities. Any party state that suspends or revokes a compact committeelicense shall, through its racing commission or the equivalent thereof orotherwise, promptly notify the compact committee of that suspension orrevocation.
B. No party state shall be held liable for the debts or other financialobligations incurred by the compact committee.
ARTICLE VI. Construction and Severability.
§ 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 tothe Constitution of the United States or of any party state, or theapplicability of this compact to any government, agency, person orcircumstance is held invalid, the validity of the remainder of this compactand the applicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If all or some portion of thiscompact is held to be contrary to the constitution of any party state, thecompact shall remain in full force and effect as to the remaining partystates and in full force and effect as to the state affected as to allseverable matters.
§ 59.1-394.1. Live Horseracing Compact; form of compact.
The Live Horseracing Compact is enacted into law and entered into with allother jurisdictions legally joining therein in the form substantially asfollows:
ARTICLE I. Purposes.
§ 1. Purposes.
The purposes of this compact are to:
1. Establish uniform requirements among the party states for the licensing ofparticipants in live horse racing with pari-mutuel wagering, and ensure thatall such participants who are licensed pursuant to this compact meet auniform minimum standard of honesty and integrity.
2. Facilitate the growth of the horse racing industry in each party state andnationwide by simplifying the process for licensing participants in liveracing, and reduce the duplicative and costly process of separate licensingby the regulatory agency in each state that conducts live horse racing withpari-mutuel wagering.
3. Authorize the Virginia Racing Commission to participate in this compact.
4. Provide for participation in this compact by officials of the partystates, and permit those officials, through the compact committee establishedby this compact, to enter into contracts with governmental agencies andnongovernmental persons to carry out the purposes of this compact.
5. Establish the compact committee created by this compact as an interstategovernmental entity duly authorized to request and receive criminal historyrecord information from the Federal Bureau of Investigation and other stateand local law-enforcement agencies.
ARTICLE II. Definitions.
§ 2. Definitions.
"Compact committee" means the organization of officials from the partystates that is authorized and empowered by this compact to carry out thepurposes of this compact.
"Official" means the appointed, elected, designated or otherwise dulyselected representative of a racing commission or the equivalent thereof in aparty state who represents that party state as a member of the compactcommittee.
"Participants in live racing" means participants in live horse racing withpari-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 Districtof Columbia, the Commonwealth of Puerto Rico and each territory or possessionof the United States.
ARTICLE III. Entry into Force, Eligible Parties and Withdrawal.
§ 3. Entry into force.
This compact shall come into force when enacted by any four states.Thereafter, this compact shall become effective as to any other state upon(i) that state's enactment of this compact and (ii) the affirmative vote of amajority of the officials on the compact committee as provided in § 8.
§ 4. States eligible to join compact.
Any state that has adopted or authorized horse racing with pari-mutuelwagering shall be eligible to become party to this compact.
§ 5. Withdrawal from compact and impact thereof on force and effect ofcompact.
Any party state may withdraw from this compact by enacting a statuterepealing this compact, but no such withdrawal shall become effective untilthe head of the executive branch of the withdrawing state has given notice inwriting of such withdrawal to the head of the executive branch of all otherparty states. If as a result of withdrawals participation in this compactdecreases to less than three party states, this compact no longer shall be inforce and effect unless and until there are at least three or more partystates again participating in this compact.
ARTICLE IV. Compact Committee.
§ 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 official from theracing commission or its equivalent in each party state who shall beappointed, serve and be subject to removal in accordance with the laws of theparty state he represents. Pursuant to the laws of his party state, eachofficial shall have the assistance of his state's racing commission or theequivalent thereof in considering issues related to licensing of participantsin live racing and in fulfilling his responsibilities as the representativefrom his state to the compact committee. If an official is unable to performany duty in connection with the powers and duties of the compact committee,the racing commission or equivalent thereof from his state shall designate analternate who shall serve in his place and represent the party state as itsofficial on the compact committee until that racing commission or equivalentthereof determines that the original representative official is able onceagain to perform his duties as that party state's representative official onthe compact committee. The designation of an alternate shall be communicatedby the affected state's racing commission or equivalent thereof to thecompact committee as the committee's bylaws may provide.
§ 7. Powers and duties of compact committee.
In order to carry out the purposes of this compact, the compact committee ishereby granted the power and duty to:
1. Determine which categories of participants in live racing, including butnot limited to owners, trainers, jockeys, grooms, mutuel clerks, racingofficials, veterinarians, and farriers, and which categories of equivalentparticipants in live racing with pari-mutuel wagering authorized in two ormore of the party states, should be licensed by the committee, and establishthe requirements for the initial licensure of applicants in each suchcategory, the term of the license for each category, and the requirements forrenewal of licenses in each category. Provided, however, that with regard torequests for criminal record on the issuance or renewal of a license, thecompact committee shall determine for each category of participants in liveracing which licensure requirements for that category are, in its judgment,the most restrictive licensure requirements of any party state for thatcategory 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, aspermitted by federal and state law, gather information on such applicants,including criminal history record information from the Federal Bureau ofInvestigation and relevant state and local law-enforcement agencies, and,where appropriate, from the Royal Canadian Mounted Police and law-enforcementagencies of other countries, necessary to determine whether a license shouldbe issued under the licensure requirements established by the committee asprovided in paragraph 1 of this section. Only officials on, and employees of,the compact committee may receive and review such criminal history recordinformation, and those officials and employees may use that information onlyfor the purposes of this compact. No such official or employee may discloseor disseminate such information to any person or entity other than anotherofficial or employee of the compact committee. The fingerprints of eachapplicant for a license from the compact committee shall be taken by thecompact committee, its employees, or its designee and, pursuant to Public Law92-544 or Public Law 100-413, shall be forwarded to a state identificationbureau, or an association of state officials regulating pari-mutuel wageringdesignated by the Attorney General of the United States, for submission tothe Federal Bureau of Investigation for a criminal history record check. Suchfingerprints may be submitted on a fingerprint card or by electronic or othermeans authorized by the Federal Bureau of Investigation or other receivinglaw-enforcement agency.
3. Issue licenses to, and renew the licenses of, participants in live racinglisted in paragraph 1 of this section who are found by the committee to havemet the licensure and renewal requirements established by the committee. Thecompact committee shall not have the power or authority to deny a license. Ifit determines that an applicant will not be eligible for the issuance orrenewal of a compact committee license, the compact committee shall notifythe applicant that it will not be able to process his application further.Such notification does not constitute and shall not be considered to be thedenial of a license. Any such applicant shall have the right to presentadditional evidence to, and to be heard by, the compact committee, but thefinal decision on issuance or renewal of the license shall be made by thecompact committee using the requirements established pursuant to paragraph 1of this section.
4. Enter into contracts or agreements with governmental agencies and withnongovernmental persons to provide personal services for its activities andsuch other services as may be necessary to effectuate the purposes of thiscompact.
5. Create, appoint, and abolish those offices, employments, and positions,including an executive director, as it deems necessary for the purposes ofthis compact, prescribe their powers, duties and qualifications, hire personsto fill those offices, employments and positions, and provide for theremoval, term, tenure, compensation, fringe benefits, retirement benefits andother 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 thepurposes of this compact.
8. Charge a fee to each applicant for an initial license or renewal of alicense.
9. Receive other funds through gifts, grants and appropriations.
§ 8. Voting requirements.
A. Each official shall be entitled to one vote on the compact committee.
B. All action taken by the compact committee with regard to the addition ofparty states as provided in § 3, the licensure of participants in liveracing, and the receipt and disbursement of funds shall require a majorityvote of the total number of officials (or their alternates) on the committee.All other action by the compact committee shall require a majority vote ofthose officials (or their alternates) present and voting.
C. No action of the compact committee may be taken unless a quorum ispresent. A majority of the officials (or their alternates) on the compactcommittee shall constitute a quorum.
§ 9. Administration and management.
A. The compact committee shall elect annually from among its members achairman, a vice-chairman, and a secretary/treasurer.
B. The compact committee shall adopt bylaws for the conduct of its businessby a two-thirds 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 toamend and rescind such bylaws. The committee shall publish its bylaws inconvenient form and shall file a copy thereof and a copy of any amendmentsthereto with the secretary of state or equivalent agency of each of the partystates.
C. The compact committee may delegate the day-to-day management andadministration of its duties and responsibilities to an executive directorand his support staff.
D. Employees of the compact committee shall be considered governmentalemployees.
§ 10. Immunity from liability for performance of official responsibilitiesand duties.
No official of a party state or employee of the compact committee shall beheld personally liable for any good faith act or omission that occurs duringthe performance and within the scope of his responsibilities and duties underthis compact.
ARTICLE V. Rights and Responsibilities of Each Party State.
§ 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 theissuance of compact committee licenses to participants in live racingpursuant to the committee's licensure requirements and (ii) to reimburse orotherwise pay the expenses of its official representative on the compactcommittee or his alternate.
2. Agrees not to treat a notification to an applicant by the compactcommittee under paragraph 3 of § 7 that the compact committee will not beable to process his application further as the denial of a license, or topenalize such an applicant in any other way based solely on such a decisionby the compact committee.
3. Reserves the right (i) to charge a fee for the use of a compact committeelicense in that state, (ii) to apply its own standards in determiningwhether, on the facts of a particular case, a compact committee licenseshould be suspended or revoked, (iii) to apply its own standards indetermining licensure eligibility, under the laws of that party state, forcategories of participants in live racing that the compact committeedetermines not to license and for individual participants in live racing whodo not meet the licensure requirements of the compact committee, and (iv) toestablish its own licensure standards for the licensure of nonracingemployees at horse racetracks and employees at separate satellite wageringfacilities. Any party state that suspends or revokes a compact committeelicense shall, through its racing commission or the equivalent thereof orotherwise, promptly notify the compact committee of that suspension orrevocation.
B. No party state shall be held liable for the debts or other financialobligations incurred by the compact committee.
ARTICLE VI. Construction and Severability.
§ 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 tothe Constitution of the United States or of any party state, or theapplicability of this compact to any government, agency, person orcircumstance is held invalid, the validity of the remainder of this compactand the applicability thereof to any government, agency, person orcircumstance shall not be affected thereby. If all or some portion of thiscompact is held to be contrary to the constitution of any party state, thecompact shall remain in full force and effect as to the remaining partystates and in full force and effect as to the state affected as to allseverable matters.
