Session of 1998
                   
HOUSE BILL No. 2986
         
By Committee on Appropriations
            8             AN ACT amending the Kansas parimutuel racing act; relating to certain
  9             background checks; amending K.S.A. 1997 Supp. 74-8805, 74-8806
10             and 74-8814 and repealing the existing sections.
11            
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. K.S.A. 1997 Supp. 74-8805 is hereby amended to read as
14       follows: 74-8805. (a) (1) The governor shall appoint, subject to confir-
15       mation by the senate as provided by K.S.A. 75-4315b and amendments
16       thereto, an executive director of the commission, to serve at the pleasure
17       of the governor and under the direction and supervision of the commis-
18       sion. Before appointing any person as executive director, the governor
19       shall cause the Kansas bureau of investigation to conduct a criminal his-
20       tory record check and background investigation of the person.
21           (2) The executive director shall: (A) Be in the unclassified service
22       under the Kansas civil service act; (B) devote full time to the executive
23       director's assigned duties; (C) receive such compensation as determined
24       by the governor, subject to the limitations of appropriations therefor; (D)
25       be a citizen of the United States and an actual resident of Kansas during
26       employment by the commission; (E) not have been convicted of a felony
27       under the laws of any state or of the United States prior to or during
28       employment by the commission; and (F) have familiarity with the horse
29       and dog racing industries sufficient to fulfill the duties of the office of
30       executive director.
31           (3) The executive director shall: (A) Recommend to the commission
32       the number and qualifications of employees necessary to implement and
33       enforce the provisions of this act; (B) employ persons for those positions
34       approved by the commission, subject to the limitations of appropriations
35       therefor; and (C) perform such other duties as directed by the commis-
36       sion.
37           (b) (1) The executive director shall appoint an inspector of parimu-
38       tuels to serve at the pleasure of the executive director. Before appointing
39       any person as inspector of parimutuels, the executive director shall cause
40       the Kansas bureau of investigation law enforcement agents of the com-
41       mission to conduct a criminal history record check and background in-
42       vestigation of the person.
43           (2) The inspector of parimutuels shall: (A) Be in the unclassified serv-

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  1       ice under the Kansas civil service act; (B) devote full time to the in-
  2       spector's assigned duties; (C) receive such compensation as determined
  3       by the executive director, subject to the limitations of appropriations
  4       therefor; (D) be a citizen of the United States and an actual resident of
  5       Kansas during employment as inspector of parimutuels; (E) not have been
  6       convicted of a felony under the laws of any state or of the United States
  7       prior to or during employment by the commission; and (F) be a certified
  8       public accountant with at least three years of auditing experience.
  9           (3) The inspector of parimutuels shall: (A) Inspect and audit the con-
10       duct of parimutuel wagering by organization licensees, including the
11       equipment and facilities used and procedures followed; (B) train and su-
12       pervise such personnel as employed by the executive director to assist
13       with such duties; and (C) perform such other duties as directed by the
14       executive director.
15           (c) (1) The executive director shall appoint a director of security to
16       serve at the pleasure of the executive director. Before appointing any
17       person as director of security, the executive director shall cause the Kan-
18       sas bureau of investigation to conduct a criminal history record check and
19       background investigation of the person.
20           (2) The director of security shall: (A) Be in the unclassified service
21       under the Kansas civil service act; (B) devote full time to the security
22       director's assigned duties; (C) receive such compensation as determined
23       by the executive director, subject to the limitations of appropriations
24       therefor; (D) be a citizen of the United States and an actual resident of
25       Kansas during employment as director of security; (E) not have been
26       convicted of a felony under the laws of any state or of the United States
27       prior to or during employment by the commission; and (F) be a profes-
28       sional law enforcement officer with a minimum of five years' experience
29       in the field of law enforcement and at least a bachelor's degree in law
30       enforcement administration, law, criminology or a related science or, in
31       lieu thereof, a minimum of 10 years' experience in the field of law en-
32       forcement.
33           (3) The director of security shall: (A) Conduct investigations relating
34       to compliance with the provisions of this act and rules and regulations of
35       the commission; (B) recommend proper security measures to organiza-
36       tion licensees; (C) train and supervise such personnel as employed by the
37       executive director to assist with such duties; and (D) perform such other
38       duties as directed by the executive director.
39           (d) (1) The executive director may appoint a director of racing op-
40       erations to serve at the pleasure of the executive director. Before appoint-
41       ing any person as director of racing operations, the executive director
42       shall cause the Kansas bureau of investigation law enforcement agents of
43       the commission to conduct a criminal history record check and back-

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  1       ground investigation of the person.
  2           (2) The director of racing operations shall: (A) Be in the unclassified
  3       service under the Kansas civil service act; (B) devote full time to the
  4       director's assigned duties; (C) receive such compensation as determined
  5       by the executive director, subject to the limitations of appropriations
  6       therefor; (D) be a citizen of the United States and an actual resident of
  7       Kansas during employment as director of racing operations; (E) not have
  8       been convicted of a felony under the laws of any state or of the United
  9       States prior to or during employment by the commission; and (F) have a
10       minimum of five years' experience in racing operations.
11           (3) The director of racing operations shall: (A) Supervise racing op-
12       erations, including stewards and racing judges; (B) be responsible for
13       training and education of stewards and racing judges; (C) advise the com-
14       mission on necessary or desirable changes in rules and regulations relating
15       to conduct of races; (D) train and supervise such personnel as employed
16       by the executive director to assist with such duties; and (E) perform such
17       other duties as directed by the executive director.
18           (e) The commission may appoint an advisory committee of persons
19       knowledgeable in the horse and greyhound breeding and racing industries
20       to provide information and recommendations to the commission regard-
21       ing the administration of this act. Members of such advisory committee
22       shall serve without compensation or reimbursement of expenses.
23           (f) Except as otherwise provided by this act, all employees of the
24       commission shall be in the classified service under the Kansas civil service
25       act.
26           (g) No employee of the commission shall have been convicted of a
27       felony under the laws of any state or of the United States prior to or
28       during employment by the commission. Before employing any person,
29       the commission shall cause a criminal history record check of the person
30       to be conducted.
31           (h) The commission shall cause the Kansas bureau of investigation
32       law enforcement agents of the commission to conduct a criminal history
33       record check and background investigation of a person before employing
34       the person in any of the following positions:
35           (1) Deputy director;
36           (2) accountant;
37           (3) computer systems analyst;
38           (4) legal assistant;
39           (5) auditor;
40           (6) racing judge;
41           (7) steward;
42           (8) enforcement agent;
43           (9) office supervisor;

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  1           (10) human resource manager;
  2           (11) office specialist; or
  3           (12) any other sensitive position, as determined by the commission.
  4           (i) On July 1, 1995, the commission shall cause the Kansas bureau of
  5       investigation to conduct a criminal history record check and background
  6       investigation of persons in the employment of the commission in the
  7       following positions on that date:
  8           (1) Animal health officer;
  9           (2) inspector of parimutuels;
10           (3) office supervisor;
11           (4) human resource manager; and
12           (5) office specialist.
13           Sec. 2. K.S.A. 1997 Supp. 74-8806 is hereby amended to read as
14       follows: 74-8806. (a) The commission shall employ an animal health of-
15       ficer and such assistant animal health officers as needed to serve at the
16       pleasure of the commission. Before employing any person as the animal
17       health officer, the commission shall cause the Kansas bureau of investi-
18       gation law enforcement agents of the commission to conduct a criminal
19       history record check and background investigation of the person.
20           (b) The animal health officer and assistant animal health officers shall:
21           (1) Be doctors of veterinary medicine;
22           (2) be in the unclassified service under the Kansas civil service act;
23           (3) receive such compensation as determined by the commission,
24       subject to the limitations of appropriations therefor; and
25           (4) while employed by the commission, devote full time to the duties
26       of the office.
27           (c) The animal health officer shall:
28           (1) Supervise the formulation, administration and evaluation of all
29       medical tests the commission's rules and regulations require or authorize;
30           (2) advise the commission on all aspects of veterinary medicine re-
31       lating to its powers and duties;
32           (3) supervise all personnel involved in conducting physical examina-
33       tions and medical testing of racing animals, as directed by the executive
34       director; and
35           (4) perform such other duties as directed by the commission.
36           (d) The assistant animal health officers shall:
37           (1) Conduct physical examinations and medical tests of racing animals
38       as prescribed by the commission;
39           (2) administer emergency treatment of racing animals at race meet-
40       ings as authorized by the owners of such animals or their agents; and
41           (3) perform such other duties as directed by the commission.
42           (e) The animal health officer or an assistant animal health officer may
43       possess and administer drugs and medications to horses and greyhounds

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  1       within a racetrack facility as authorized by rules and regulations of the
  2       commission.
  3           (f) The commission may require an organization licensee to reim-
  4       burse the commission for services performed by assistant animal health
  5       officers at race meetings conducted by the organization licensee.
  6           (g) The commission may obtain medical services as required by con-
  7       tract with an institution which teaches animal health sciences within the
  8       state.
  9           (h) The commission shall contract with one or more laboratory facil-
10       ities for the analysis of samples taken for the purpose of enforcing com-
11       pliance with K.S.A. 74-8811 and amendments thereto. In entering into
12       any contract under this subsection, the commission shall give preference
13       to laboratory facilities located in this state.
14           Sec. 3. K.S.A. 1997 Supp. 74-8814 is hereby amended to read as
15       follows: 74-8814. (a) Subject to the provisions of subsection (b), the com-
16       mission shall establish by rules and regulations an application fee not
17       exceeding $500 for any of the following which applies for an organization
18       license and the license fee for any of the following granted an organization
19       license shall be $100 for each day of racing approved by the commission:
20           (1) Any fair association other than the Greenwood county and An-
21       thony fair associations, any horsemen's nonprofit organization or the na-
22       tional greyhound association of Abilene, Kansas, if: (A) Such association
23       conducts not more than two race meetings each year; (B) such race meets
24       are held within the boundaries of the county where the applicant is lo-
25       cated; and (C) such race meetings are held for a total of not more than
26       21 days per year; or
27           (2) the Greenwood county fair association or a horsemen's nonprofit
28       organization, with respect to race meetings conducted by such association
29       or organization at Eureka Downs, or the Anthony fair association or a
30       horsemen's nonprofit organization, with respect to race meetings con-
31       ducted by such association or organization at Anthony Downs, for which
32       the number of race meetings and days, and the dates thereof, shall be
33       specified by the commission.
34           (b) The commission shall adopt rules and regulations providing for
35       simplified and less costly procedures and requirements for fair associa-
36       tions and horsemen's nonprofit organizations applying for or holding a
37       license to conduct race meetings.
38           (c) The Kansas bureau of investigation Law enforcement agents of the
39       commission shall investigate:
40           (1) The president, vice-president, secretary and treasurer of a fair
41       association, and such other members as the commission considers nec-
42       essary, to determine eligibility for an organization license;
43           (2) each officer and each director of a nonprofit horsemen's organi-

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  1       zation, and such other members or shareholders as the commission con-
  2       siders necessary to determine eligibility for an organization license.
  3           (d) Except as otherwise provided by this section, all applicants for
  4       organization licenses for the conduct of race meetings pursuant to the
  5       provisions of this section shall be required to comply with all the provi-
  6       sions of K.S.A. 74-8813 and amendments thereto.
  7           Sec. 4. K.S.A. 1997 Supp. 74-8805, 74-8806 and 74-8814 are hereby
  8       repealed.
  9           Sec. 5. This act shall take effect and be in force from and after its
10       publication in the statute book.
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