{"data":{"id":"us-ky/krs-230.3751","jurisdiction":"us-ky","citation":"KRS 230.3751","heading":"Interstate Compact on Licensure of Participants in Live Racing with","body":"Pari-mutuel Wagering.\nThe Governor of this Commonwealth is authorized and directed to execute a compact on\nbehalf of the Commonwealth with any of the United States, the District  of Columbia, the\nCommonwealth of Puerto Rico, and each territory or possession of the United States,\nlegally joining therein in the form substantially as follows:\nARTICLE I\nPURPOSES\nSECTION 1. Purposes.\nThe purposes of this compact are to:\n1. Establish un iform requirements among the party states for the licensing of\nparticipants in live racing with pari -mutuel wagering, and ensure that all such\nparticipants who are licensed pursuant to this compact meet a uniform minimum\nstandard of honesty and integrity.\n2. Facilitate the growth of the pari -mutuel racing industry in each party state and\nnationwide by simplifying the process for licensing participants in live racing, and\nreduce the duplicative and costly process of separate licensing by the regulatory\nagency in each state that conducts live racing with pari-mutuel wagering.\n3. Authorize the Kentucky Horse Racing and Gaming Corporation to participate in\nthis compact.\n4. Provide for participation in this compact by officials of the party states, and permit\nthose officials, through the compact committee established by this compact, to enter\ninto contracts with governmental agencies and nongovernmental persons to carry\nout the purposes of this compact.\n5. Establish the compact committee created by this compact as  an interstate\ngovernmental entity duly authorized to request and receive criminal history record\ninformation from the Federal Bureau of Investigation and other state and local law\nenforcement agencies.\nARTICLE II\nDEFINITIONS\nSECTION 2. Definitions.\n\"Compact committee\" means the organization of officials from the party states that is\nauthorized and empowered by this compact to carry out the purposes of this compact.\n\"Official\" means the appointed, elected, designated or otherwise duly selected member of\na racing commission or the equivalent thereof in a party state who represents that party\nstate as a member of the compact committee.\n\"Participants in live racing\" means participants in live racing with pari -mutuel wagering\nin the party states.\n\"Party state\" means each state that has enacted this compact.\n\"State\" means each of the several states of the United States, the District of Columbia, the\nCommonwealth of Puerto Rico and each territory or possession of the United States.\nARTICLE III\nENTRY INTO FORCE, ELIGIBLE PARTIES AND WITHDRAWAL\nSECTION 3. Entry into force.\nThis compact shall come into force when enacted by any four (4) states. Thereafter, this\ncompact shall become effective as to any other state upon both (i) that state's  enactment\nof this compact and (ii) the affirmative vote of a majority of the officials on the compact\ncommittee as provided in Section 8.\nSECTION 4. States eligible to join compact.\nAny state that has adopted or authorized live racing with pari -mutuel wagering shall be\neligible to become party to this compact.\nSECTION 5. Withdrawal from compact and impact thereof on force and effect of\ncompact.\nAny party state may withdraw from this compact by enacting a statute repealing this\ncompact, but no such withdraw al shall become effective until the head of the executive\nbranch of the withdrawing state has given notice in writing of such withdrawal to the\nhead of the executive branch of all other party states. If as a result of withdrawals\nparticipation in this compact decreases to less than three (3) party states, this compact no\nlonger shall be in force and effect unless and until there are at least three (3) or more\nparty states again participating in this compact.\nARTICLE IV\nCOMPACT COMMITTEE\nSECTION 6. Compact committee established.\nThere is hereby created an interstate governmental entity to be known as the \"compact\ncommittee,\" which shall be comprised of one (1) official from the racing commission or\nits equivalent in each party state who shall be appointed, se rve and be subject to removal\nin accordance with the laws of the party state he represents. Pursuant to the laws of his\nparty state, each official shall have the assistance of his state's racing commission or the\nequivalent thereof in considering issues re lated to licensing of participants in live racing\nand in fulfilling his responsibilities as the representative from his state to the compact\ncommittee. If an official is unable to perform any duty in connection with the powers and\nduties of the compact com mittee, the racing commission or equivalent thereof from his\nstate shall designate another of its members as an alternate who shall serve in his place\nand represent the party state as its official on the compact committee until that racing\ncommission or eq uivalent thereof determines that the original representative official is\nable once again to perform his duties as that party state's representative official on the\ncompact committee. The designation of an alternate shall be communicated by the\naffected state's racing commission or equivalent thereof to the compact committee as the\ncommittee's bylaws may provide.\nSECTION 7. Powers and duties of compact committee.\nIn order to carry out the purposes of this compact, the compact committee is hereby\ngranted the power and duty to:\n1. Determine which categories of participants in live horse racing, including but not\nlimited to owners, trainers, jockeys, grooms, mutuel clerks, racing officials,\nveterinarians, and farriers, and which categories of equivalent particip ants in dog\nracing and other forms of live racing with pari -mutuel wagering authorized in two\n(2) or more of the party states, should be licensed by the committee, and establish\nthe requirements for the initial licensure of applicants in each such category , the\nterm of the license for each category, and the requirements for renewal of licenses\nin each category. Provided, however, that with regard to requests for criminal\nhistory record information on each applicant for a license, and with regard to the\neffect of a criminal record on the issuance or renewal of a license, the compact\ncommittee shall determine for each category of participants in live racing which\nlicensure requirements for that category are, in its judgment, the most restrictive\nlicensure requirements of any party state for that category and shall adopt licensure\nrequirements for that category that are, in its judgment, comparable to those most\nrestrictive requirements.\n2. Investigate applicants for a license from the compact committee and, as permitted\nby federal and state law, gather information on such applicants, including criminal\nhistory record information from the Federal Bureau of Investigation and relevant\nstate and local law enforcement agencies, and, where appropriate, from the Royal\nCanadian Mounted Police and law enforcement agencies of other countries,\nnecessary to determine whether a license should be issued under the licensure\nrequirements established by the committee as provided in paragraph 1 above. Only\nofficials on, and employ ees of, the compact committee may receive and review\nsuch criminal history record information, and those officials and employees may\nuse that information only for the purposes of this compact. No such official or\nemployee may disclose or disseminate such i nformation to any person or entity\nother than another official on or employee of the compact committee. The\nfingerprints of each applicant for a license from the compact committee shall be\ntaken by the compact committee, its employees, or its designee and,  pursuant to\nPublic Law 92 -544 or Public Law 100 -413, shall be forwarded to a state\nidentification bureau, or to an association of state officials regulating pari -mutuel\nwagering designated by the Attorney General of the United States, for submission\nto th e Federal Bureau of Investigation for a criminal history record check. Such\nfingerprints may be submitted on a fingerprint card or by electronic or other means\nauthorized by the Federal Bureau of Investigation or other receiving law\nenforcement agency.\n3. Issue licenses to, and renew the licenses of, participants in live racing listed in\nparagraph 1 of this section who are found by the committee to have met the\nlicensure and renewal requirements established by the committee. The compact\ncommittee shall not have the power or authority to deny a license. If it determines\nthat an applicant will not be eligible for the issuance or renewal of a compact\ncommittee license, the compact committee shall notify the applicant that it will not\nbe able to process his appl ication further. Such notification does not constitute and\nshall not be considered to be the denial of a license. Any such applicant shall have\nthe right to present additional evidence to, and to be heard by, the compact\ncommittee, but the final decision o n issuance or renewal of the license shall be\nmade by the compact committee using the requirements established pursuant to\nparagraph 1 of this section.\n4. Enter into contracts or agreements with governmental agencies and with\nnongovernmental persons to pro vide personal services for its activities and such\nother services as may be necessary to effectuate the purposes of this compact.\n5. Create, appoint, and abolish those offices, employments, and positions, including an\nexecutive director, as it deems necessary for the purposes of this compact, prescribe\ntheir powers, duties and qualifications, hire persons to fill those offices,\nemployments and positions, and provide for the removal, term, tenure,\ncompensation, fringe benefits, retirement benefits and other conditions of\nemployment of its officers, employees and other positions.\n6. Borrow, accept, or contract for the services of personnel from any state, the United\nStates, or any other governmental agency, or from any person, firm, association,\ncorporation or other entity.\n7. Acquire, hold, and dispose of rea l and personal property by gift, purchase, lease,\nlicense, or in other similar manner, in furtherance of the purposes of this compact.\n8. Charge a fee to each applicant for an initial license or renewal of a license.\n9. Receive other funds through gifts, grants and appropriations.\nSECTION 8. Voting requirements.\nA. Each official shall be entitled to one (1) vote on the compact committee.\nB. All action taken by the compact committee with regard to the addition of party\nstates as provided in Section 3, the li censure of participants in live racing, and the\nreceipt and disbursement of funds shall require a majority vote of the total number\nof officials (or their alternates) on the committee. All other action by the compact\ncommittee shall require a majority vote  of those officials (or their alternates)\npresent and voting.\nC. No action of the compact committee may be taken unless a quorum is present. A\nmajority of the officials (or their alternates) on the compact committee shall\nconstitute a quorum.\nSECTION 9. Administration and management.\nA. The compact committee shall elect annually from among its members a chairman, a\nvice chairman, and a secretary/treasurer.\nB. The compact committee shall adopt bylaws for the conduct of its business by a two-\nthirds (2/3) vote  of the total number of officials (or their alternates) on the\ncommittee at that time and shall have the power by the same vote to amend and\nrescind these bylaws. The committee shall publish its bylaws in convenient form\nand shall file a copy thereof and a  copy of any amendments thereto with the\nSecretary of State or equivalent agency of each of the party states.\nC. The compact committee may delegate the day -to-day management and\nadministration of its duties and responsibilities to an executive director and  his\nsupport staff.\nD. Employees of the compact committee shall be considered governmental employees.\nSECTION 10. Immunity from liability for performance of official responsibilities and\nduties.\nNo official of a party state or employee of the compact commi ttee shall be held\npersonally liable for any good faith act or omission that occurs during the performance\nand within the scope of his responsibilities and duties under this compact.\nARTICLE V\nRIGHTS AND RESPONSIBILITIES OF EACH PARTY STATE\nSECTION 11. Rights and responsibilities of each party state.\nA. By enacting this compact, each party state:\n1. Agrees (i) to accept the decisions of the compact committee regarding the\nissuance of compact committee licenses to participants in live racing pursuant\nto the committee's licensure requirements, and (ii) to reimburse or otherwise\npay the expenses of its official representative on the compact committee or his\nalternate.\n2. Agrees not to treat a notification to an applicant by the compact committee\nunder paragraph 3 of Section 7 that the compact committee will not be able to\nprocess his application further as the denial of a license, or to penalize such an\napplicant in any other way based solely on such a decision by the compact\ncommittee.\n3. Reserves the right (i)  to charge a fee for the use of a compact committee\nlicense in that state, (ii) to apply its own standards in determining whether, on\nthe facts of a particular case, a compact committee license should be\nsuspended or revoked, (iii) to apply its own standards in determining licensure\neligibility, under the laws of that party state, for categories of participants in\nlive racing that the compact committee determines not to license and for\nindividual participants in live racing who do not meet the licensure\nrequirements of the compact committee, and (iv) to establish its own licensure\nstandards for the licensure of nonracing employees at pari -mutuel racetracks\nand employees to separate satellite wagering facilities. Any party state that\nsuspends or revokes a com pact committee license shall, through its racing\ncommission or the equivalent thereof or otherwise, promptly notify the\ncompact committee of that suspension or revocation.\nB. No party state shall be held liable for the debts or other financial obligations\nincurred by the compact committee.\nARTICLE VI\nCONSTRUCTION AND SEVERABILITY\nSECTION 12. Construction and severability.\nThis compact shall be liberally construed so as to effectuate its purposes. The provisions\nof this compact shall be severable, and, if an y phrase, clause, sentence, or provision of\nthis compact is declared to be contrary to the Constitution of the United States or of any\nparty state, or the applicability of this compact to any government, agency, person or\ncircumstance is held invalid, the validity of the remainder of this compact and the\napplicability thereof to any government, agency, person or circumstance shall not be\naffected thereby. If all or some portion of this compact is held to be contrary to the\nconstitution of any party state, t he compact shall remain in full force and effect as to the\nremaining party states and in full force and effect as to the state affected as to all\nseverable matters.","path":["KRS Chapter 230"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54712","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:46Z","sha256":"2fd4b4d3d02acc0234c99c6160d1f5df780f2bec1b64b6af0050f4bd9d0f6789","source_id":"us-ky","stale":false,"prev":"us-ky/krs-230.375","next":"us-ky/krs-230.376"},"notice":"GroundRules: Original legal text. Not legal advice."}