313.560. Commission, powers.

MISSOURI STATUTES AND CODES

Commission, powers.

313.560. The commission shall have all powers necessaryand proper to fully and effectively execute the provisions ofsections 313.500 to 313.710 including, but not limited to, thefollowing:

(1) The provisions of chapter 34, RSMo, to the contrarynotwithstanding, the executive director, pursuant to rules andregulations issued by the commission, may directly purchase orlease such goods or services as are necessary for effectuatingthe purposes of sections 313.500 to 313.710, provided however,that the board of public buildings shall provide the principaloffice space for the commission's staff. Contracts shall beawarded on the basis of lowest and best bid. The executivedirector shall use state purchasing procedures except forprofessional services or emergency purchases necessary for therace meet authorized pursuant to section 34.100, RSMo. Nocontract awarded or entered into by the executive director maybe assigned by the holder thereof except with specific approvalof the commission;

(2) The commission is vested with the power to enterwithout 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 anylicensee on the grounds of a licensed association at allreasonable hours to determine whether there has been compliancewith the provisions of sections 313.500 to 313.710 and rulesand regulations promulgated thereunder, and to discover anycontraband as described in chapter 195, RSMo, or in rulespromulgated pursuant to sections 313.500 to 313.710;

(3) The commission is vested with the authority toinvestigate alleged violations of the provisions of sections313.500 to 313.710, its reasonable rules and regulations,orders and final decisions; the commission shall takeappropriate disciplinary action, including suspension orrevocation of the license, against any race track licensee oroccupation licensee for violation thereof or instituteappropriate legal action for the enforcement thereof pursuantto subdivision (10) of this section;

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

(5) The commission is vested with the power to acquire,establish, maintain and operate, or provide by contract testinglaboratories and related facilities, for the purpose ofconducting saliva, blood, urine and other tests on the horsesrun or to be run in any race meeting and to lease or purchaseall equipment and supplies deemed necessary or desirable inconnection with any such testing laboratories and relatedfacilities and all such tests. The commission shall explorethe feasibility of establishing such a testing facility at andin conjunction with the University of Missouri, College ofVeterinary Medicine. The race track licensee shall on a persample basis pay a fee as determined by the commission for suchlaboratory testing services;

(6) The commission may require that the records, includingfinancial or other statements of any race track licensee undersections 313.500 to 313.710, shall be kept in such manner asprescribed by the commission and that any race track licenseesubmit to the commission on or before March fifteenth of eachyear, for the preceding fiscal year of the licensee an annualaudited balance sheet and profit and loss statement and anyother information the commission deems necessary in order toeffectively administer sections 313.500 to 313.710 and allrules, regulations, orders and final decisions promulgatedunder sections 313.500 to 313.710. The fiscal year for anylicensee shall be the calendar year;

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

(8) The commission is vested with the power to imposecivil penalties of up to five thousand dollars againstindividuals and up to ten thousand dollars againstorganizations for each violation of any provision of sections313.500 to 313.710, any rules adopted by the commission, anylawful order of the commission or any other action which, inthe commission's discretion, is found to be a detriment orimpediment to horse racing. Such penalties, when recovered,shall be paid into the Missouri horse racing fund. Any civilpenalties so imposed shall be sued for by the attorney generalin the name of the state;

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

(10) The commission may request that the Missouri statehighway patrol investigate or participate in such matters as itdeems necessary. The Missouri state highway patrol shall haveauthority to investigate the commission relative to theoperation and administration of sections 262.260 to 262.270,RSMo, and 313.500 to 313.710, and to report suspectedviolations of state law or federal law by the commission to theproper prosecuting authorities. In the event that a violationof state law is reported to the proper prosecuting authorityand no prosecution is commenced within thirty days for allegedviolations, the attorney general shall have authority tocommence prosecution for alleged violations of sections 262.260to 262.270, RSMo, and 313.500 to 313.710 or other criminalstatutes alleged to have been violated. The cost of personneland related expenses in the Missouri state highway patrol,including the division of drug and crime control, to accomplishthe purposes of this section shall be paid within the limits ofappropriations from general revenue, or from such other fundingas may be authorized by the general assembly.