February 8, 2005, Introduced by Rep. Hood and referred to the Committee on Judiciary.
A bill to amend 1995 PA 279, entitled
"Horse racing law of 1995,"
by amending section 16 (MCL 431.316).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16. (1) Each person participating in or having to do with
pari-mutuel horse racing or pari-mutuel wagering on the results of
horse races at a licensed race meeting, including, but not limited
to, all racing officials, veterinarians, pari-mutuel clerks or
tellers, totalisator company employees, security guards, timers,
horse owners, jockeys, drivers, apprentices, exercise riders,
authorized agents, trainers, grooms, valets, owners of stables
operating under an assumed name, jockey agents, pony riders, hot
walkers, blacksmiths, starting gate employees, owners and operators
of off-track training centers, farms or stables where racehorses
are kept, and vendors operating within the barn area of a licensed
racetrack or off-track training center, farm, or stable where
racehorses are kept may be licensed by the racing commissioner
pursuant to rules promulgated by the racing commissioner under this
act. The racing commissioner shall not issue an occupational
license to a person who, within the 6 years immediately preceding
the date of the person's application for the occupational license,
was convicted of a felony involving theft, dishonesty,
misrepresentation, fraud, corruption, drug possession, delivery, or
use, or other criminal misconduct that is related to the person's
ability to
and the likelihood to that the person will perform the
functions and duties of the racing related occupation for which the
person seeks to be licensed and participate in pari-mutuel horse
racing in that licensed occupation in a fair, honest, open, and
lawful manner. The racing commissioner shall not issue a pari-
mutuel occupational license to a person who, within 2 years
immediately preceding the date of the person's application for the
occupational license, was convicted of a misdemeanor involving
theft, dishonesty, misrepresentation, fraud, corruption, drug
possession, delivery, or use, or other criminal misconduct that is
related
to the person's ability to and
the likelihood to that the
person will perform the functions and duties of the racing related
occupation for which the person seeks to be licensed and
participate in pari-mutuel horse racing in that licensed occupation
in a fair, honest, open, and lawful manner.
(2) A veterinarian is not required to be licensed under this
act to provide necessary and appropriate emergency veterinary care
or treatment to any horse that is intended to be entered, is
entered, or participates in a race with wagering by pari-mutuel
methods or a nonbetting race or workout conducted at a licensed
race meeting in this state. For purposes of this section,
"emergency veterinary care or treatment" means care or treatment
necessary and appropriate to save the life of a horse or prevent
permanent physical injury or damage to a horse in a situation
requiring immediate veterinary action. Only veterinarians licensed
under this act may provide nonemergency veterinary care or
treatment to a horse in this state that is intended to be entered,
is entered, or participates in races at licensed race meetings in
this state. Only persons licensed under this act or otherwise
authorized by the racing commissioner may enter the restricted
grounds of a licensed race meeting where horses are kept that are
eligible to race at the race meeting. For the purposes of this
section and sections 30 and 31, a horse that is intended to be
entered is a horse that has its name put into the draw for a
specific race, and a horse that is entered in a race is a horse
that has been drawn into a specific race.
(3) As conditions precedent to being issued and holding a
valid pari-mutuel occupational license, a license applicant shall
disclose, in writing, any ownership interest that the applicant has
in
a racehorse in addition to and
provide any other information
the
racing commissioner considers necessary and proper , including
fingerprints
of occupational license applicants and
proof of
compliance
with the worker's disability compensation act of 1969,
Act
No. 317 of the Public Acts of 1969, being sections 418.101 to
418.941
of the Michigan Compiled Laws 1969 PA 317, MCL 418.101 to
418.941, except that the proof of compliance requirement does not
apply
to horse owners and trainers not covered under section 115 of
Act
No. 317 of the Public Acts of 1969, being section 418.115 of
the
Michigan Compiled Laws the worker's disability compensation
act of 1969, 1969 PA 317, MCL 418.115.
(4) In addition to the requirements of subsection (3), an
applicant for a pari-mutuel occupational license shall consent,
upon application and for the duration of the occupational license,
if issued, to all of the following:
(a) Personal inspections, inspections of the applicant's
personal property, and inspections of premises and property related
to his or her participation in a race meeting by persons authorized
by the racing commissioner.
(b) If the applicant is applying for a racing official,
jockey, driver, trainer, or groom license, or for any other license
for an occupation that involves contact with or access to the
racehorses
or the barn areas or stables where racehorses are kept,
then
the applicant shall agree as a condition of licensure to
submit
for the duration of the license period to a breathalyzer
test, urine test, or other noninvasive fluid test to detect the
presence
of alcohol or a controlled substance, as defined in
section
7104 of the public health code, Act No. 368 of the Public
Acts
of 1978, being section 333.7104 of the Michigan Compiled Laws,
if directed to do so by the racing commissioner or his or her
representative. If the results of a test show that an occupational
licensee has more than .05% of alcohol in his or her blood, or has
present in his or her body a controlled substance, the person shall
not be permitted to continue in his or her duties or participate in
horse racing until he or she can produce, at his or her own
expense, a negative test result. The licensee may be penalized by
the racing commissioner for his or her positive test results, which
may include any disciplinary action authorized by this act or rules
promulgated under this act. This subsection does not apply to a
controlled substance obtained directly from, or pursuant to a valid
prescription from, a licensed health care provider, except that the
racing commissioner may consider the person's medical need for
prescribed controlled substances in determining the person's
fitness to be licensed to participate in pari-mutuel horse racing.
The racing commissioner shall suspend for not less than 1 year the
license of a person who for the third time in a period of not more
than
6 consecutive years is relieved of his or her duties for the
reasons
prescribed in because of this subsection.
(5) When applying for an occupational license, an applicant
shall provide the racing commissioner with 1 or more sets of his or
her fingerprints as requested by the racing commissioner. To
determine whether the applicant has been convicted of a crime in
this or another state, the racing commissioner shall submit the
fingerprints and the appropriate state and federal fees to the
department of state police for a criminal history check. The fees
shall be paid by the applicant and shall accompany the submission
of the fingerprints to the racing commissioner. The department of
state police may forward the fingerprints to the federal bureau of
investigation for a criminal history check. Information obtained
under this subsection shall only be used to determine the character
and fitness of the applicant for licensing purposes.
(6) (5)
A person who is issued a
pari-mutuel occupational
license as a trainer is responsible for and absolute insurer of the
condition, fitness, eligibility, and qualification of the horses
entered to race for the person by whom the trainer is employed,
except as prescribed by the rules promulgated by the racing
commissioner under this act. This subsection shall not be construed
or interpreted to determine civil tort liability of any racehorse
owner or trainer but shall be for purposes of enforcement of this
act only. A trainer shall not start a horse that has in its body a
drug or foreign substance unless permitted pursuant to section 30
and the rules promulgated under that section. A trainer is strictly
liable and subject to disciplinary action if a horse under the
trainer's actual or apparent care and control as trainer has a drug
or foreign substance in its body, in violation of section 30 and
the rules promulgated under that section.
(7) (6)
Upon the filing of a written
complaint, under oath,
in the office of the racing commissioner, or upon the written
motion of the racing commissioner regarding the actions or
omissions of a person issued a pari-mutuel occupational license,
the racing commissioner may summarily suspend the occupational
license of the person for a period of not more than 90 days pending
a hearing and final determination by the racing commissioner
regarding the acts or omissions complained of in the written
complaint or motion, if the commissioner determines from the
complaint or motion that the public health, safety, or welfare
requires emergency action. The racing commissioner shall schedule
the complaint or motion to be heard within 14 business days after
the occupational license is summarily suspended and notify the
holder of the occupational license of the date, time, and place of
the hearing not less than 5 days before the date of the hearing.
The hearing shall be conducted in accordance with the contested
case
provisions of the administrative procedures act of 1969, Act
No.
306 of the Public Acts of 1969, being sections 24.201 to 24.328
of
the Michigan Compiled Laws 1969 PA 306, MCL 24.201 to 24.328.
The action of the racing commissioner in revoking or suspending a
pari-mutuel occupational license may be appealed to the circuit
court
pursuant to Act No. 306 of the Public Acts of 1969 the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328. If the racing commissioner's order is predicated upon a
series of acts, the review by the circuit court may be in the
county in which any of the alleged acts or failures to act took
place.
(8) (7)
A decision by the racing
commissioner or his or her
deputies
or appointed state stewards a deputy commissioner or
state steward of racing to deny an application for an occupational
license may be appealed to the circuit court and reviewed pursuant
to
section 631 of the revised judicature act of 1961, Act No. 236
of
the Public Acts of 1961, being section 600.631 of the Michigan
Compiled
Laws 1961 PA 236, MCL 600.631. A suspension or revocation
of an occupational license may be appealed and reviewed pursuant to
the
administrative procedures act of 1969, Act No. 306 of the
Public
Acts of 1969, being sections 24.201 to 24.328 of the
Michigan
Compiled Laws 1969 PA 306, MCL 24.201 to 24.328.
(9) (8)
Each pari-mutuel occupational
licensee shall pay a
license fee of not less than $10.00 or more than $100.00 as
determined by the racing commissioner.