Bill Text: CA AB2113 | 2013-2014 | Regular Session | Introduced

---

Bill Title: Horse racing: samples.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-21 - From printer. May be heard in committee March 23. [AB2113 Detail]

Download: California-2013-AB2113-Introduced.html

---

BILL NUMBER: AB 2113	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 20, 2014

   An act to amend Section 19577 of the Business and Professions
Code, relating to horse racing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2113, as introduced, Donnelly. Horse racing: samples.
   Existing law, the Horse Racing Law, generally regulates horse
racing and vests the administration and enforcement of its provisions
in the California Horse Racing Board. Existing law requires a blood
or urine test sample that is required by the board to be taken from a
horse to be divided or taken in duplicate if there is sufficient
sample, and requires the board to adopt regulations to ensure the
security of obtaining and testing of all samples.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19577 of the Business and Professions Code is
amended to read:
   19577.  (a) (1)  Any   A  blood or urine
test sample required by the board to be taken from a horse that is
entered in  any   a  race shall be divided
or taken in  duplicate,   duplicate  if
there is sufficient sample available after the initial test sample
has been taken. The initial test sample shall be referred to as the
official test sample and the secondary sample shall be referred to as
the split sample. All samples immediately become and remain the
property of the board. The board shall adopt regulations to ensure
the security of obtaining and testing of all samples.
   (2) Paragraph (1) does not apply to total carbon dioxide testing.
The board shall adopt emergency regulations in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code) to
establish policies, guidelines, and procedures that include a split
sample process related to total carbon dioxide testing. These
regulations shall be deemed to be an emergency and necessary for the
immediate preservation of the public peace, health and safety, or
general welfare. The emergency regulations shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and publication in the California Code of Regulations, and shall be
replaced by final, permanent regulations within 120 days of their
adoption.
   (b) If the official test sample is found to contain a prohibited
drug substance, the executive director, after consulting 
with  and agreeing with the equine medical director that the
official test sample contains a prohibited substance, shall
confidentially inform the owner and trainer of those results. The
owner or the trainer of the horse, upon being so informed, may
request that the split sample be tested by an independent laboratory
selected from a list of laboratories provided  by 
and approved by the board. The owner or trainer of the horse shall
pay the cost of testing the split sample.
   (c) If the split sample test results fail to confirm the finding
of the prohibited drug substance found in the official test sample, a
presumption affecting the burden of producing evidence pursuant to
Section 603 of the Evidence Code of no evidentiary prohibited drug
substance in the animal shall exist for purposes of this chapter.
   (d) The executive director shall report to the board a finding of
a prohibited drug substance in an official test sample within 24
hours of the confirmation of that prohibited drug substance in the
split sample by the independent laboratory, or within 24 hours of
waiver of split sample testing by the owner or trainer.  Any
  A  recommendation to the board by the executive
director to dismiss the matter shall be by mutual agreement with the
equine medical director. The authority for the disposition of the
matter shall be the responsibility of the board.
   (e) The executive director shall maintain responsibility for all
test samples until the executive director refers the matter to the
board. Notwithstanding any other  provision of  law,
and except as provided in subdivision (a), the results of the tests
from the official testing laboratory, the Kenneth L. Maddy Equine
Analytical Chemistry Laboratory and the independent laboratory shall
be confidential until or unless the board files an official
complaint.
   (f) If the owner or trainer does not request that the split sample
be tested within the time limits set by the board, the owner and
trainer waive all rights to that sample and the board assumes all
jurisdiction over the split sample.
   (g) The board shall contract with the Regents of the University of
California to be the primary drug testing laboratory performing the
equine drug testing required by this section.