Section 313.560

Title XXI PUBLIC SAFETY AND MORALS

Chapter 313

Effective - 09 Jun 1987, see footnote   

  313.560.  Commission, powers. — The commission shall have all powers necessary and proper to fully and effectively execute the provisions of sections 313.500 to 313.710 including, but not limited to, the following:

  (1)  The provisions of chapter 34 to the contrary notwithstanding, the executive director, pursuant to rules and regulations issued by the commission, may directly purchase or lease such goods or services as are necessary for effectuating the purposes of sections 313.500 to 313.710, provided however, that the board of public buildings shall provide the principal office space for the commission's staff.  Contracts shall be awarded on the basis of lowest and best bid.  The executive director shall use state purchasing procedures except for professional services or emergency purchases necessary for the race meet authorized pursuant to section 34.100.  No contract awarded or entered into by the executive director may be assigned by the holder thereof except with specific approval of the commission;

  (2)  The commission is vested with the power to enter without a search warrant the office, horse race track, facilities, other places of business, residences, tack rooms, vehicles and any other premises under the control of any licensee on the grounds of a licensed association at all reasonable hours to determine whether there has been compliance with the provisions of sections 313.500 to 313.710 and rules and regulations promulgated thereunder, and to discover any contraband as described in chapter 195 or in rules promulgated pursuant to sections 313.500 to 313.710;

  (3)  The commission is vested with the authority to investigate alleged violations of the provisions of sections 313.500 to 313.710, its reasonable rules and regulations, orders and final decisions; the commission shall take appropriate disciplinary action, including suspension or revocation of the license, against any race track licensee or occupation licensee for violation thereof or institute appropriate legal action for the enforcement thereof pursuant to subdivision (10) of this section;

  (4)  The commission may eject or exclude from any race meeting or licensee grounds or any part thereof, any occupation licensee or any other individual whose conduct or reputation is such that his presence on licensee grounds may, in the opinion of the commission, call into question the honesty and integrity of horse racing or interfere with the orderly conduct of horse racing; provided, however, that no person shall be excluded or ejected from licensee grounds on the grounds of race, color, creed, national origin, ancestry, or sex.  The commission shall by rule provide for an expedited hearing for any occupation licensee excluded pursuant to this subsection;

  (5)  The commission is vested with the power to acquire, establish, maintain and operate, or provide by contract testing laboratories and related facilities, for the purpose of conducting saliva, blood, urine and other tests on the horses run or to be run in any race meeting and to lease or purchase all equipment and supplies deemed necessary or desirable in connection with any such testing laboratories and related facilities and all such tests.  The commission shall explore the feasibility of establishing such a testing facility at and in conjunction with the University of Missouri, College of Veterinary Medicine.  The race track licensee shall on a per sample basis pay a fee as determined by the commission for such laboratory testing services;

  (6)  The commission may require that the records, including financial or other statements of any race track licensee under sections 313.500 to 313.710, shall be kept in such manner as prescribed by the commission and that any race track licensee submit to the commission on or before March fifteenth of each year, for the preceding fiscal year of the licensee an annual audited balance sheet and profit and loss statement and any other information the commission deems necessary in order to effectively administer sections 313.500 to 313.710 and all rules, regulations, orders and final decisions promulgated under sections 313.500 to 313.710.  The fiscal year for any licensee shall be the calendar year;

  (7)  The commission shall require that there shall be three stewards at each horse race meeting, who shall be appointed by the commission.  They shall be paid for by the state and shall be considered state employees for all purposes.  Stewards appointed by the commission, while performing duties required by sections 313.500 to 313.710 or by the commission, shall be entitled to the same rights and immunities as granted to commission members and employees under section 313.570;

  (8)  The commission is vested with the power to impose civil penalties of up to five thousand dollars against individuals and up to ten thousand dollars against organizations for each violation of any provision of sections 313.500 to 313.710, any rules adopted by the commission, any lawful order of the commission or any other action which, in the commission's discretion, is found to be a detriment or impediment to horse racing.  Such penalties, when recovered, shall be paid into the Missouri horse racing fund.  Any civil penalties so imposed shall be sued for by the attorney general in the name of the state;

  (9)  The commission may request that the attorney general make investigations, on behalf of and in the name of the commission, and bring suits or institute proceedings for any of the purposes necessary and proper for carrying out the functions of the commission;

  (10)  The commission may request that the Missouri state highway patrol investigate or participate in such matters as it deems necessary.  The Missouri state highway patrol shall have authority to investigate the commission relative to the operation and administration of sections 262.260 to 262.270 and 313.500 to 313.710, and to report suspected violations of state law or federal law by the commission to the proper prosecuting authorities.  In the event that a violation of state law is reported to the proper prosecuting authority and no prosecution is commenced within thirty days for alleged violations, the attorney general shall have authority to commence prosecution for alleged violations of sections 262.260 to 262.270 and 313.500 to 313.710 or other criminal statutes alleged to have been violated.  The cost of personnel and related expenses in the Missouri state highway patrol, including the division of drug and crime control, to accomplish the purposes of this section shall be paid within the limits of appropriations from general revenue, or from such other funding as may be authorized by the general assembly.

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(L. 1986 S.B. 572, A.L. 1987 S.B. 384)

Effective 6-09-87