HOUSE BILL No. 5240 October 7, 1997, Introduced by Reps. Llewellyn, Law, Varga, London, Rhead and Johnson and referred to the Committee on Appropriations. A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 16, 20, 30, and 31 (MCL 431.316, 431.320, 431.330, and 431.331). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 16. (1) Each person participating in or having to do 2 with pari-mutuel horse racing or pari-mutuel wagering on the 3 results of horse races at a licensed race meeting, including, but 4 not limited to, all racing officials, veterinarians, pari-mutuel 5 clerks or tellers, totalisator company employees, security 6 guards, timers, horse owners, jockeys, drivers, apprentices, 7 exercise riders, authorized agents, trainers, grooms, valets, 8 owners of stables operating under an assumed name, jockey agents, 9 pony riders, hot walkers, blacksmiths, starting gate employees, 10 owners and operators of off-track training centers, farms or 03918'97 VPW 2 1 stables where racehorses are kept, and vendors operating within 2 the barn area of a licensed racetrack or off-track training 3 center, farm, or stable where racehorses are kept may be licensed 4 by the racing commissioner pursuant to rules promulgated by the 5 racing commissioner under this act. The racing commissioner 6 shall not issue an occupational license to a person who, within 7 the 6 years immediately preceding the date of the person's appli- 8 cation for the occupational license, was convicted of a felony 9 involving theft, dishonesty, misrepresentation, fraud, corrup- 10 tion, drug possession, delivery, or use, or other criminal mis- 11 conduct that is related to the person's ability and likelihood to 12 perform the functions and duties of the racing related occupation 13 for which the person seeks to be licensed and participate in 14 pari-mutuel horse racing in that licensed occupation in a fair, 15 honest, open, and lawful manner. The racing commissioner shall 16 not issue a pari-mutuel occupational license to a person who, 17 within 2 years immediately preceding the date of the person's 18 application for the occupational license, was convicted of a mis- 19 demeanor involving theft, dishonesty, misrepresentation, fraud, 20 corruption, drug possession, delivery, or use, or other criminal 21 misconduct that is related to the person's ability and likelihood 22 to perform the functions and duties of the racing related occupa- 23 tion for which the person seeks to be licensed and participate in 24 pari-mutuel horse racing in that licensed occupation in a fair, 25 honest, open, and lawful manner. 26 (2) A veterinarian is not required to be licensed under this 27 act to provide necessary and appropriate emergency veterinary 03918'97 3 1 care or treatment to any horse that is intended to be entered, is 2 entered, or participates in a race with wagering by pari-mutuel 3 methods or a nonbetting race or workout conducted at a licensed 4 race meeting in this state. For purposes of this section, 5 "emergency veterinary care or treatment" means care or treatment 6 necessary and appropriate to save the life of a horse or prevent 7 permanent physical injury or damage to a horse in a situation 8 requiring immediate veterinary action. Only veterinarians 9 licensed under this act may provide nonemergency veterinary care 10 or treatment to a horse in this statethat is intended to be11entered, is entered, or participates in racesIF THAT HORSE WILL 12 PARTICIPATE IN A RACE at licensed race meetings in this state 13 WITHIN 48 HOURS OF RECEIVING THE CARE OR TREATMENT. Only persons 14 licensed under this act or otherwise authorized by the racing 15 commissioner may enter the restricted grounds of a licensed race 16 meeting where horses are kept that are eligible to race at the 17 race meeting.For the purposes of this section and sections 3018and 31, a horse that is intended to be entered is a horse that19has its name put into the draw for a specific race, and a horse20that is entered in a race is a horse that has been drawn into a21specific race.22 (3) As conditions precedent to being issued and holding a 23 valid pari-mutuel occupational license, a license applicant shall 24 disclose, in writing, any ownership interest that the applicant 25 has in a racehorse in addition to other information the racing 26 commissioner considers necessary and proper, including 27 fingerprints of occupational license applicants and proof of 03918'97 4 1 compliance with the worker's disability compensation act of 1969, 2Act No. 317 of the Public Acts of 1969, being sections 418.1013to 418.941 of the Michigan Compiled Laws1969 PA 317, MCL 4 418.101 TO 418.941, except that proof of compliance requirement 5 does not apply to horse owners and trainers not covered under 6 section 115 ofAct No. 317 of the Public Acts of 1969, being7section 418.115 of the Michigan Compiled LawsTHE WORKER'S DIS- 8 ABILITY COMPENSATION ACT OF 1969, 1969 PA 317, MCL 418.115. 9 (4) In addition to the requirements of subsection (3), an 10 applicant for a pari-mutuel occupational license shall consent, 11 upon application and for the duration of the occupational 12 license, if issued, to all of the following: 13 (a) Personal inspections, inspections of the applicant's 14 personal property, and inspections of premises and property 15 related to his or her participation in a race meeting by persons 16 authorized by the racing commissioner. 17 (b) If the applicant is applying for a racing official, 18 jockey, driver, trainer, or groom license, or for any other 19 license for an occupation that involves contact with or access to 20 the racehorses or the barn areas or stables where racehorses are 21 kept, then the applicant shall agree as a condition of licensure 22 to submit for the duration of the license period to a breatha- 23 lyzer test, urine test, or other noninvasive fluid test to detect 24 the presence of alcohol or a controlled substance as defined in 25 section 7104 of the public health code,Act No. 368 of the26Public Acts of 1978, being section 333.7104 of the Michigan27Compiled Laws1978 PA 368, MCL 333.7104, if directed to do so by 03918'97 5 1 the racing commissioner or his or her representative. If the 2 results of a test show that an occupational licensee has more 3 than .05% of alcohol in his or her blood, or has present in his 4 or her body a controlled substance, the person shall not be per- 5 mitted to continue in his or her duties or participate in horse 6 racing until he or she can produce, at his or her own expense, a 7 negative test result. The licensee may be penalized by the 8 racing commissioner for his or her positive test results, which 9 may include any disciplinary action authorized by this act or 10 rules promulgated under this act. This subsection does not apply 11 to a controlled substance obtained directly from, or pursuant to 12 a valid prescription from, a licensed health care provider, 13 except that the racing commissioner may consider the person's 14 medical need for prescribed controlled substances in determining 15 the person's fitness to be licensed to participate in pari-mutuel 16 horse racing. The racing commissioner shall suspend for not less 17 than 1 year the license of a person who for the third time in a 18 period of not more than 6 consecutive years is relieved of his or 19 her duties for the reasons prescribed in this subsection. 20 (5) A person who is issued a pari-mutuel occupational 21 license as a trainer is responsible for and absolute insurer of 22 the condition, fitness, eligibility, and qualification of the 23 horses entered to race for the person by whom the trainer is 24 employed, except as prescribed by the rules promulgated by the 25 racing commissioner under this act. This subsection shall not be 26 construed or interpreted to determine civil tort liability of any 27 racehorse owner or trainer but shall be for purposes of 03918'97 6 1 enforcement of this act only. A trainer shall not start a horse 2 that has in its body a drug or foreign substance unless permitted 3 pursuant to section 30 and the rules promulgated under that 4 section. A trainer is strictly liable and subject to disci- 5 plinary action if a horse under the trainer's actual or apparent 6 care and control as trainer has a drug or foreign substance in 7 its body, in violation of section 30 and the rules promulgated 8 under that section. 9 (6) Upon the filing of a written complaint, under oath, in 10 the office of the racing commissioner, or upon the written motion 11 of the racing commissioner regarding the actions or omissions of 12 a person issued a pari-mutuel occupational license, the racing 13 commissioner may summarily suspend the occupational license of 14 the person for a period of not more than 90 days pending a hear- 15 ing and final determination by the racing commissioner regarding 16 the acts or omissions complained of in the written complaint or 17 motion, if the commissioner determines from the complaint or 18 motion that the public health, safety, or welfare requires emer- 19 gency action. The racing commissioner shall schedule the com- 20 plaint or motion to be heard within 14 business days after the 21 occupational license is summarily suspended and notify the holder 22 of the occupational license of the date, time, and place of the 23 hearing not less than 5 days before the date of the hearing. The 24 hearing shall be conducted in accordance with the contested case 25 provisions of the administrative procedures act of 1969,Act26No. 306 of the Public Acts of 1969, being sections 24.201 to2724.328 of the Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 03918'97 7 1 24.328. The action of the racing commissioner in revoking or 2 suspending a pari-mutuel occupational license may be appealed to 3 the circuit court pursuant to Act No. 306 of the Public Acts of 4 1969. If the racing commissioner's order is predicated upon a 5 series of acts, the review by the circuit court may be in the 6 county in which any of the alleged acts or failures to act took 7 place. 8 (7) A decision by the racing commissioner or his or her dep- 9 uties or appointed state stewards of racing to deny an applica- 10 tion for an occupational license may be appealed to the circuit 11 court and reviewed pursuant to section 631 of the revised judica- 12 ture act of 1961,Act No. 236 of the Public Acts of 1961, being13section 600.631 of the Michigan Compiled Laws1961 PA 236, MCL 14 600.631. A suspension or revocation of an occupational license 15 may be appealed and reviewed pursuant to the administrative pro- 16 cedures act of 1969,Act No. 306 of the Public Acts of 1969,17being sections 24.201 to 24.328 of the Michigan Compiled Laws18 1969 PA 306, MCL 24.201 TO 24.328. 19 (8) Each pari-mutuel occupational licensee shall pay a 20 license fee of not less than $10.00 or more than $100.00 as 21 determined by the racing commissioner. 22 Sec. 20. (1) It is the policy of this state to encourage 23 the breeding of horses of all breeds in this state and the owner- 24 ship of such horses by residents of this state to provide for 25 sufficient numbers of high quality race horses of all breeds to 26 participate in licensed race meetings in this state; to promote 27 the positive growth and development of high quality horse racing 03918'97 8 1 and other equine competitions in this state as a beneficial 2 business and entertainment activity for residents of this state; 3 and to establish and preserve the substantial agricultural and 4 commercial benefits of the horse racing and breeding industry to 5 the state of Michigan. It is the intent and purpose of the leg- 6 islature to further this policy by the provisions of the act and 7 annual appropriations to administer this act and adequately fund 8 the agriculture and equine industry programs established by this 9 section. 10 (2) Money received by the racing commissioner and the state 11 treasurer under this act shall be paid promptly into the state 12 treasury and placed in the Michigan agriculture equine industry 13 development fund created in subsection (3). 14 (3) The Michigan agriculture equine industry development 15 fund is created in the department of treasury. The Michigan 16 agriculture equine industry development fund shall be adminis- 17 tered by the director of the department of agriculture with the 18 assistance and advice of the racing commissioner. 19 (4) Money shall not be expended from the Michigan agricul- 20 ture equine industry development fund except as appropriated by 21 the legislature. Money appropriated by the legislature for the 22 Michigan agriculture equine industry development fund shall be 23 expended by the director of the department of agriculture with 24 the advice and assistance of the racing commissioner to provide 25 funding for agriculture and equine industry development programs 26 as provided in subsections (5) to(11)(12). 03918'97 9 1 (5) The following amounts shall be paid to standardbred and 2 fair programs: 3 (a) A sum not to exceed 75% of the purses for standardbred 4 harness horse races offered by fairs and races at licensed 5 pari-mutuel racetracks. Purse supplements for overnight races at 6 fairs paid pursuant to this subsection may not exceed the lowest 7 purse offered for overnight races of the same breed at any 8 licensed race meeting in this state during the previous year. 9 (b) A sum to be allotted on a matching basis, but not to 10 exceed $15,000.00 each year to a single fair, for the purpose of 11 equipment rental during fairs; ground improvement; constructing, 12 maintaining, and repairing buildings; and making the racetrack 13 more suitable and safe for racing at fairs. 14 (c) A sum to be allotted for paying special purses at fairs 15 on 2-year-old and 3-year-old standardbred harness horses con- 16 ceived after January 1, 1992, and sired by a standardbred stal- 17 lion registered with the Michigan department of agriculture that 18 was leased or owned by a resident or residents of this state and 19 which did not serve a mare at a location outside of this state 20 from February 1 through July 31 of the calendar year in which the 21 conception occurred. Transportation of semen from a standardbred 22 stallion registered with the Michigan department of agriculture 23 to a location outside the state of Michigan does not create eli- 24 gibility for Michigan tax supported races, and does not affect 25 the eligibility of Michigan conceived foals for the purses pro- 26 vided for by this section. A foal conceived outside the state of 27 Michigan by means of semen from a standardbred stallion 03918'97 10 1 registered with the Michigan department of agriculture is not 2 eligible for Michigan tax-supported races. 3 (d) A sum to pay not more than 75% of an eligible cash pre- 4 mium paid by a fair or exposition. The commission of agriculture 5 shall promulgate rules establishing which premiums are eligible 6 for payment and a dollar limit for all eligible payments. 7 (e) A sum to pay breeders' awards in an amount not to exceed 8 10% of the gross purse to breeders of Michigan bred standardbred 9 harness horses for each time the horse wins a race at a licensed 10 race meeting or fair in this state. As used in this subdivision, 11 "Michigan bred standardbred harness horse" means a horse from a 12 mare owned by a resident or residents of this state at the time 13 of conception, that was conceived after January 1, 1992, and 14 sired by a standardbred stallion registered with the Michigan 15 department of agriculture that was leased or owned by a resident 16 or residents of this state and that did not serve a mare at a 17 location outside of this state from February 1 through July 31 of 18 the calendar year in which the conception occurred. To be eligi- 19 ble, each mare shall be registered with the Michigan department 20 of agriculture. Transportation of semen from a standardbred 21 stallion registered with the Michigan department of agriculture 22 to a location outside the state of Michigan does not create eli- 23 gibility for Michigan tax-supported races, and does not affect 24 the eligibility of Michigan conceived foals for the purses pro- 25 vided for by this section. A foal conceived outside the state of 26 Michigan by means of semen from a standardbred stallion 03918'97 11 1 registered with the Michigan department of agriculture is not 2 eligible for Michigan tax-supported races. 3 (f) A sum not to exceed $4,000.00 each year to be allotted 4 to fairs to provide training and stabling facilities for stan- 5 dardbred harness horses. 6 (g) A sum to be allotted to pay the presiding judges and 7 clerks of the course at fairs. Presiding judges and clerks of 8 the course shall be hired by the fair's administrative body with 9 the advice and approval of the racing commissioner. The director 10 of the department of agriculture may allot funds for a photo 11 finish system and a mobile starting gate. The director of the 12 department of agriculture shall allot funds for the conducting of 13 tests, the collection and laboratory analysis of urine, saliva, 14 blood, and other samples from horses, and the taking of blood 15 alcohol tests on drivers, jockeys, and starting gate employees, 16 for those races described in this subdivision. The department 17 may require a driver, jockey, or starting gate employee to submit 18 to a breathalyzer test, urine test, or other nonevasive fluid 19 test to detect the presence of alcohol or a controlled substance 20 as defined in section 7104 of the public health code,Act21No. 368 of the Public Acts of 1978, being section 333.7104 of the22Michigan Compiled Laws1978 PA 368, MCL 333.7104. If the 23 results of a test show that a person has more than .05% of alco- 24 hol in his or her blood, or has present in his or her body a con- 25 trolled substance, the person shall not be permitted to continue 26 in his or her duties on that race day and until he or she can 27 produce, at his or her own expense, a negative test result. 03918'97 12 1 (h) A sum to pay purse supplements to licensed pari-mutuel 2 harness race meetings for special 4-year-old filly and colt horse 3 races. 4 (i) A sum not to exceed 0.25% of all money wagered on live 5 and simulcast horse races in Michigan shall be placed in a spe- 6 cial standardbred sire stakes fund each year, 100% of which shall 7 be used to provide purses for races run exclusively for 8 2-year-old and 3-year-old Michigan sired standardbred horses at 9 licensed harness race meetings in this state. As used in this 10 subdivision, "Michigan sired standardbred horses" means standard- 11 bred horses conceived after January 1, 1992 and sired by a stan- 12 dardbred stallion registered with the Michigan department of 13 agriculture that was leased or owned by a resident or residents 14 of this state and which did not serve a mare at a location out- 15 side of this state from February 1 through July 31 of the calen- 16 dar year in which the conception occurred. Transportation of 17 semen from a standardbred stallion registered with the Michigan 18 department of agriculture to a location outside the state of 19 Michigan does not create eligibility for Michigan tax-supported 20 races, and does not affect the eligibility of Michigan conceived 21 foals for the purses provided for by this section. A foal con- 22 ceived outside the state of Michigan by means of semen from a 23 standardbred stallion registered with the Michigan department of 24 agriculture is not eligible for Michigan tax-supported races. 25 (6) The following amounts shall be paid to thoroughbred 26 programs: 03918'97 13 1 (a) A sum to be allotted thoroughbred race meeting licensees 2 to supplement the purses for races to be conducted exclusively 3 for Michigan bred horses. 4 (b) A sum to pay awards to owners of Michigan bred horses 5 that finish first, second, or third in races open to non-Michigan 6 bred horses. 7 (c) A sum to pay breeders' awards in an amount not to exceed 8 10% of the gross purse to the breeders of Michigan bred thorough- 9 bred horses for each time Michigan bred thoroughbred horses win 10 at a licensed race meeting in this state. 11 (d) A sum to pay purse supplements to licensed thoroughbred 12 race meetings for special 4-year-old and older filly and colt 13 horse races. 14 (e) A sum not to exceed 0.25% of all money wagered on live 15 and simulcast horse races in Michigan shall be placed in a spe- 16 cial thoroughbred sire stakes fund each year, 100% of which shall 17 be used to provide purses for races run exclusively for 18 2-year-old and 3-year-old and older Michigan sired thoroughbred 19 horses at licensed thoroughbred race meetings in this state and 20 awards for owners of Michigan sired horses or stallions. As used 21 in this subdivision, "Michigan sired thoroughbred horses" means 22 thoroughbred horses sired by a stallion registered with the 23 department of agriculture that was leased or owned exclusively by 24 a resident or residents of this state and that did not serve a 25 mare at a location outside of this state during the calendar year 26 in which the service occurred. 03918'97 14 1 (f) A sum to be allotted sufficient to pay for the 2 collection and laboratory analysis of urine, saliva, blood, and 3 other samples from horses and licensed persons and for the con- 4 ducting of tests described in section 16(3)(b). 5 (7) The following amounts shall be paid for quarter horse 6 programs: 7 (a) A sum to supplement the purses for races to be conducted 8 exclusively for Michigan bred quarter horses. 9 (b) A sum to pay not more than 75% of the purses for regis- 10 tered quarter horse races offered by fairs. 11 (c) A sum to pay breeders' awards in an amount not to exceed 12 10% of a gross purse to breeders of Michigan bred quarter horses 13 for each time a Michigan bred quarter horse wins at a county fair 14 or licensed race meeting in this state. 15 (d) A sum to pay for the collection and laboratory analysis 16 of urine, saliva, blood, and other samples from horses and 17 licensed persons and the taking of blood alcohol tests on jockeys 18 for those races described in this subsection and for the conduct- 19 ing of tests described in section 16(3)(b). 20 (e) As used in this subsection, "Michigan bred quarter 21 horse" means a horse from a mare owned by a resident of this 22 state at the time of breeding, sired by a registered stallion 23 owned exclusively by a resident of this state, and which did not 24 serve a mare at a location outside of this state during the cal- 25 endar year in which the service occurred. Each mare and stallion 26 shall be registered with the director of the department of 27 agriculture. 03918'97 15 1 (8) The following amounts shall be paid for Appaloosa 2 programs: 3 (a) A sum to supplement the purses for races to be conducted 4 exclusively for Michigan bred Appaloosa horses. 5 (b) A sum to pay not more than 75% of the purses for regis- 6 tered Appaloosa horse races offered by fairs. 7 (c) A sum to pay breeders' awards in an amount not to exceed 8 10% of the gross purse to the breeders of Michigan bred Appaloosa 9 horses for each time Michigan bred horses win at a fair or 10 licensed race meeting in this state. 11 (d) The department shall also allot sufficient funds from 12 the revenue received from Appaloosa horse racing to pay for the 13 collection and laboratory analysis of urine, saliva, blood, or 14 other samples from horses and licensed persons and the taking of 15 blood alcohol tests on jockeys for those races described in this 16 subsection and for the conducting of tests described in section 17 16(3)(b). 18 (e) As used in this subsection, "Michigan bred Appaloosa" 19 means a horse from a mare owned by a resident of this state at 20 the time of breeding, sired by a registered stallion owned exclu- 21 sively by a resident of this state, and which did not serve a 22 mare at a location outside of this state during the calendar year 23 in which the service occurred. Each mare and stallion shall be 24 registered with the director of the department of agriculture. 25 (9) The following amounts shall be paid for Arabian 26 programs: 03918'97 16 1 (a) A sum to supplement the purses for races to be conducted 2 exclusively for Michigan bred Arabian horses. 3 (b) A sum to pay not more than 75% of the purses for regis- 4 tered Arabian horse races offered by fairs. 5 (c) A sum to pay breeders' awards in an amount not to exceed 6 10% of the gross purse to the breeders of Michigan bred Arabian 7 horses for each time Michigan bred horses win at a fair or 8 licensed racetrack in this state. 9 (d) A sum allotted from the revenue received from Arabian 10 horse racing to pay for the collection and laboratory analysis of 11 urine, saliva, blood, and other samples from horses and licensed 12 persons and the taking of blood alcohol tests on jockeys for 13 those races described in this subsection and for the conducting 14 of tests described in section 16(3)(b). 15 (e) As used in this subsection, "Michigan bred Arabian" 16 means a horse from a mare owned by a resident of this state at 17 the time of breeding, sired by a registered stallion owned exclu- 18 sively by a resident of this state, and which did not serve a 19 mare at a location outside of this state during the calendar year 20 in which the service occurred. Each mare and stallion shall be 21 registered with the director of the department of agriculture. 22 (10)The following amountsAN AMOUNT shall be paid for the 23 equine industry research, planning, and development grant fund 24 program: (a) A sumto fund grants for research projects con- 25 ducted by persons affiliated with a university or governmental 26 research agency or institution or other private research entity 27 approved by the racing commissioner, which are beneficial to the 03918'97 17 1 horse racing and breeding industry in this state.(b)Money 2 appropriated and allotted to this GRANT fund PROGRAM shall not 3 revert to the general fund and shall be carried forward from year 4 to year until disbursed to fund grants for research projects ben- 5 eficial to the industry.(c)As used in this subsection, 6 "equine research" means the study, discovery and generation of 7 accurate and reliable information, findings, conclusions, and 8 recommendations that are useful or beneficial to the horse racing 9 and breeding industry in this state through improvement of the 10 health of horses; prevention of equine illness and disease, and 11 performance-related accidents and injuries; improvement of breed- 12 ing technique and racing performance; and compilation and study 13 of valuable and reliable statistical data regarding the size, 14 organization, and economics of the industry in this state; and 15 strategic planning for the effective promotion, growth, and 16 development of the industry in this state. 17 (11) A $2,000,000.00 ENDOWMENT SHALL BE ESTABLISHED NOT 18 LATER THAN DECEMBER 31, 2001 TO FUND A MICHIGAN RACEHORSE CHAIR 19 IN THE COLLEGE OF VETERINARY MEDICINE AT MICHIGAN STATE 20 UNIVERSITY. THE MICHIGAN RACEHORSE CHAIR WILL LEAD PROGRAMS 21 AIMED AT IMPROVING THE WELL-BEING, HEALTH, AND COMPETITIVENESS OF 22 MICHIGAN'S RACEHORSES, AND WILL CHAIR A COMMITTEE TO ADVISE THE 23 DIRECTOR OF THE DEPARTMENT OF AGRICULTURE ABOUT DISBURSEMENT OF 24 EQUINE RESEARCH FUNDS AS DESCRIBED IN SUBSECTION (10). 25 (12)(11)A sum SHALL BE USED to fund the development, 26 implementation, and administration of new programs that promote 27 the proper growth and development of the horse racing and 03918'97 18 1 breeding industry in this state and other valuable equine related 2 commercial and recreational activities in this state. 3 (13)(12)The director of the department of agriculture 4 shall promulgate rules pursuant to the administrative procedures 5 act of 1969,Act No. 306 of the Public Acts of 1969, being sec-6tions 24.201 to 24.328 of the Michigan Compiled Laws1969 PA 7 306, MCL 24.201 TO 24.328, to implement this section. The rules 8 promulgated under this subsection shall do all of the following: 9 (a) Prescribe the conditions under which the Michigan agri- 10 culture equine industry development fund and related programs 11 described in subsections (1) to(11)(12) shall be funded. 12 (b) Establish conditions and penalties regarding the pro- 13 grams described in subsections (5) to(11)(12). 14 (c) Develop and maintain informational programs related to 15 this section. 16 (14)(13)Funds under the control of the department of 17 agriculture in this section shall be disbursed under the rules 18 promulgated pursuant to subsection(12)(13). All funds under 19 the control of the department of agriculture approved for purse 20 supplements and breeders' awards shall be paid by the state trea- 21 surer not later than 45 days from the date of the race. 22 Sec. 30. (1) A drug or painkiller that is a stimulant to a 23 horse or depressant to a horse shall not be administered to a 24 horseor be present in a horse that is intended to be entered,25is entered, or participatesIF THAT HORSE WILL PARTICIPATE in a 26 race with wagering by pari-mutuel methods or any nonbetting race 27 or workout that is conducted at a licensed race meeting in this 03918'97 19 1 state WITHIN 48 HOURS AFTER THE ADMINISTRATION OF THE DRUG OR 2 PAINKILLER. A DRUG OR PAINKILLER THAT IS A STIMULANT TO A HORSE 3 OR A DEPRESSANT TO A HORSE SHALL NOT BE PRESENT IN A HORSE THAT 4 HAS BEEN ENTERED IN A RACE WITH WAGERING BY PARI-MUTUEL METHODS 5 OR IN ANY NONBETTING RACE OR WORKOUT THAT IS CONDUCTED AT A 6 LICENSED RACE MEETING IN THIS STATE AT THE TIME THAT THE RACE OR 7 WORKOUT IN WHICH THE HORSE HAS BEEN ENTERED BEGINS. Any drug or 8 foreign substance, other than a stimulant or depressant, may be 9 administered to a horse or present in a horse thatis intended10to be entered, is entered, or participatesWILL PARTICIPATE in a 11 race with wagering by pari-mutuel methods or any nonbetting race 12 or workout that is conducted at a licensed race meeting in this 13 state WITHIN 48 HOURS AFTER THE DRUG OR FOREIGN SUBSTANCE HAS 14 BEEN ADMINISTERED only if authorized by the racing commissioner 15 by rule or written order for use in the care or treatment of the 16 horse. ANY DRUG OR FOREIGN SUBSTANCE, OTHER THAN A STIMULANT OR 17 DEPRESSANT, MAY BE PRESENT IN A HORSE THAT HAS BEEN ENTERED IN A 18 RACE WITH WAGERING BY PARI-MUTUEL METHODS OR ANY ENTERED NONBET- 19 TING RACE OR WORKOUT THAT IS CONDUCTED AT A LICENSED RACE MEETING 20 IN THIS STATE AT THE TIME THAT THE RACE OR WORKOUT IN WHICH THE 21 HORSE HAS BEEN ENTERED BEGINS ONLY IF AUTHORIZED BY THE RACING 22 COMMISSIONER BY RULE OR WRITTEN ORDER FOR USE IN THE CARE OR 23 TREATMENT OF THE HORSE. A veterinarian is not prohibited by this 24 section from administering to a horse any drug or foreign sub- 25 stance that is necessary and appropriate for the emergency veter- 26 inary care and treatment of the horse under accepted standards of 27 veterinary practice in this state. The treating veterinarian and 03918'97 20 1 the horse's trainer shall report immediately to the racing 2 commissioner, the state veterinarian, or the state steward any 3 unauthorized or emergency administration of an unauthorized drug 4 or foreign substance to a horse thatis intended to be entered,5is entered, or participatesWILL PARTICIPATE in a race or work- 6 out at a licensed race meeting in this state,WITHIN 48 HOURS 7 AFTER THE DRUG OR FOREIGN SUBSTANCE HAS BEEN ADMINISTERED. THE 8 REPORT SHALL BE MADE before the running of the race or workout, 9 in the manner and form prescribed by the racing commissioner and 10 the stewards shall scratch the horse from the race. A veterinar- 11 ian who administersaAN AUTHORIZED drug or foreign substance 12 to any horse thatis intended to be entered, is entered, or13participatesWILL PARTICIPATE in a race or workout that is to be 14 conducted at a licensed race meeting in this state WITHIN 48 15 HOURS AFTER THE AUTHORIZED DRUG OR FOREIGN SUBSTANCE HAS BEEN 16 ADMINISTERED shall keep and maintain a true and complete written 17 record of the veterinarian's examination, examination findings, 18 diagnosis and treatment of the horse, and all drugs or foreign 19 substances administered to the horse by the veterinarian, in the 20 manner and form prescribed by the racing commissioner, and shall 21 provide the record to the commissioner for review upon request. 22 (2) The racing commissioner or his or her designee shall 23 conduct random testing to detect the presence of a drug or for- 24 eign substance in all winning horses and in any other horse in 25 each pari-mutuel horse race and may conduct individual testing 26 for the presence of a drug or foreign substance in any specific 27 horse within the racetrack. 03918'97 21 1 (3) The racing commissioner shall issue written orders or 2 promulgate rules pursuant to the administrative procedures act of 3 1969,Act No. 306 of the Public Acts of 1969, being sections424.201 to 24.328 of the Michigan Compiled Laws1969 PA 306, MCL 5 24.201 TO 24.328, that specifytheALL OF THE FOLLOWING: 6 (A) THE condition of the horse that must exist in order to 7 permit authorization of the use and possession of a foreign sub- 8 stance or a permissible drug for the intended care or treatment 9 of a horseand that specify theTHAT WILL PARTICIPATE IN A 10 LICENSED RACE MEETING IN THIS STATE WITHIN 48 HOURS OF RECEIVING 11 THE CARE OR TREATMENT. 12 (B) THE CONDITION OF THE HORSE THAT MUST EXIST IN ORDER TO 13 PERMIT THE PRESENCE OF A DRUG OR FOREIGN SUBSTANCE IN A HORSE 14 THAT WILL PARTICIPATE IN A LICENSED RACE MEETING IN THIS STATE AT 15 THE TIME THAT THE RACE IN WHICH THE HORSE WILL PARTICIPATE 16 BEGINS. 17 (C) THE procedures that must be followed in administering 18 the authorized drugs. 19 (4) Any written order issued by the racing commissioner pur- 20 suant tothis sectionSUBSECTION (3) shall be available for 21 review in the office of racing commissioner at each licensed race 22 meeting in this state. 23 (5)(4)Except as authorized by the racing commissioner or 24 as provided in this section, a person who administers or con- 25 spires to administer a drug or foreign substance, that could 26 affect the racing condition or performance of a horse, 27 internally, externally, by hypodermic method, or by any other 03918'97 22 1 method, to a horse thatis intended to be entered, is entered,2or participatesWILL PARTICIPATE in a race or workout at a 3 licensed race meeting in this state WITHIN 48 HOURS AFTER THE 4 DRUG OR FOREIGN SUBSTANCE HAS BEEN ADMINISTERED, or who knowingly 5 starts a horse in any race or workout at a licensed race meeting 6 in this state knowing that the horse was administered a drug or 7 foreign substance, by any method,after the horse was entered or8intended to be entered inWITHIN 48 HOURS BEFORE the race or 9 workout is guilty of a felony punishable by a fine of not more 10 than $10,000.00 or by imprisonment for not more than 5 years, or 11 both. 12 (6)(5)A postmortem examination shall be performed on 13 every horse that dies at a racetrack. A postmortem examination 14 shall be a complete autopsy unless the racing commissioner on the 15 advice of the veterinarian is satisfied as to the cause of death 16 without the complete autopsy being performed. A complete autopsy 17 shall be ordered and performed if the presence of a drug or for- 18 eign substance in the horse is suspected. 19 Sec. 31. (1) Except as provided insubsectionSUBSECTIONS 20 (3), (4), AND (5), a person who does any of the following, or who 21 aids or abets another in doing any of the following, is guilty of 22 a misdemeanor punishable by a fine of not more than $10,000.00 or 23 by imprisonment for not more than 1 year, or both: 24 (a) Introduces an object or foreign substance into the nos- 25 trils or windpipe of a horse,that is entered or intended to be26entered inWITHIN 48 HOURS BEFORE a race or workout at a 27 licensed race meeting in this state IN WHICH THE HORSE HAS BEEN 03918'97 23 1 ENTERED, for the purpose of affecting the racing condition or 2 performance of the horse in a race or workout, without authoriza- 3 tion of the racing commissioner. 4 (b) Has in his or her possession within the confines of a 5 racetrack, stable, shed, building, or grounds of a licensed race 6 meeting, or within the confines of an off-track stable, shed, 7 building, or grounds where horses are kept which are eligible to 8 race over the racetrack of the holder of a race meeting license, 9 any drug not authorized by the racing commissioner for use at 10 those locations, or battery or buzzer, electrical or mechanical, 11 or syringe, hypodermic needle, or other appliance device, other 12 than the ordinary whip, which may or can be used for the purpose 13 of affecting a horse's racing condition or performance in a race 14 or workout at a licensed race meeting in this state. 15 (c) Has in his or her possession within the confines of a 16 racetrack, stable, shed, building, or grounds of a licensed race 17 meeting or within the confines of an off-track stable, shed, 18 building, or grounds where horses are kept that are eligible to 19 race over the racetrack of the holder of a race meeting license a 20 controlled substance as defined in section 7104 of the public 21 health code,Act No. 368 of the Public Acts of 1978, being sec-22tion 333.7104 of the Michigan Compiled Laws1978 PA 368, MCL 23 333.7104, or a hypodermic needle or other instrument that can be 24 used to administer a controlled substance, unless the controlled 25 substance was obtained directly from or pursuant to a prescrip- 26 tion from, a licensed physician, and the person notifies the 03918'97 24 1 racing commissioner or racing commissioner's designee that the 2 person possesses the controlled substance or instrument. 3 (2) In addition to the penalties prescribed in subsection 4 (1), a person who is a licensee under this act and who does any 5 of the acts described in subsection (1) shall have his or her 6 license suspended by the racing commission for a period of not 7 less than 5 years after being convicted. 8 (3) Subsections (1) and (2) do not prohibit the possession 9 and use of drugs, foreign substances, controlled substances, 10 hypodermic needles and syringes, nasogastric tubes, endotracheal 11 tubes, endoscopes, or other instruments or equipment by a veteri- 12 narian within the confines of a racetrack, stable, shed, build- 13 ing, or grounds of a licensed race meeting or within the confines 14 of an off-track stable, shed, building, or grounds where horses 15 are kept that are eligible to race over the racetrack of the 16 holder of a race meeting license, if the drugs and equipment are 17 recognized and accepted in veterinary medicine for use in the 18 care and treatment of horses and are possessed and used by the 19 veterinarian in accordance with accepted standards of veterinary 20 practice in this state and applicable state and federal laws and 21 not in violation of other provisions of this act. 22 (4) EXCEPT AS PROVIDED IN SECTION 30, SUBSECTIONS (1) AND 23 (2) DO NOT PROHIBIT THE POSSESSION AND USE OF DRUGS, FOREIGN SUB- 24 STANCES, OR CONTROLLED SUBSTANCES, BY A PERSON FOR ORAL ADMINIS- 25 TRATION TO A HORSE WITHIN THE CONFINES OF A RACETRACK, STABLE, 26 SHED, BUILDING, OR GROUNDS OF A LICENSED RACE MEETING, IF THE 27 DRUGS, FOREIGN SUBSTANCES, OR CONTROLLED SUBSTANCES WERE OBTAINED 03918'97 25 1 DIRECTLY FROM A VETERINARIAN LICENSED BY THE RACING COMMISSIONER 2 FOR ORAL ADMINISTRATION IN THE VETERINARY TREATMENT OF HORSES, 3 WITHIN ACCEPTED STANDARDS OF VETERINARY PRACTICE IN THIS STATE. 4 A TRUE AND COMPLETE WRITTEN RECORD OF THE VETERINARIAN'S EXAMINA- 5 TION, EXAMINATION FINDINGS, DIAGNOSIS AND TREATMENT OF THE HORSE, 6 AND ALL DRUGS OR FOREIGN SUBSTANCES PRESCRIBED FOR THE HORSE BY 7 THE VETERINARIAN, IN THE MANNER AND FORM PRESCRIBED BY THE RACING 8 COMMISSIONER, SHALL BE PROVIDED, UPON REQUEST, TO THE COMMIS- 9 SIONER FOR REVIEW. THE PRESCRIBED MEDICATIONS SHALL BE LABELED 10 AND STORED IN A MANNER AND FORM PRESCRIBED BY THE RACING 11 COMMISSIONER. 12 (5) EXCEPT AS PROVIDED IN SECTION 30, SUBSECTIONS (1) AND 13 (2) DO NOT PROHIBIT THE POSSESSION AND USE OF DRUGS, FOREIGN SUB- 14 STANCES, CONTROLLED SUBSTANCES, OR HYPODERMIC NEEDLES AND 15 SYRINGES BY A PERSON FOR USE ON A HORSE WITHIN THE CONFINES OF AN 16 OFF-TRACK STABLE, SHED, BUILDING, OR GROUNDS WHERE HORSES ARE 17 KEPT THAT ARE ELIGIBLE TO RACE ON THE RACETRACK OF THE HOLDER OF 18 A RACE MEETING LICENSE, IF THE DRUGS, FOREIGN SUBSTANCES, CON- 19 TROLLED SUBSTANCES, OR HYPODERMIC NEEDLES AND SYRINGES WERE 20 OBTAINED DIRECTLY FROM A LICENSED VETERINARIAN FOR USE IN THE 21 VETERINARY TREATMENT OF A HORSE WITHIN ACCEPTED STANDARDS OF VET- 22 ERINARY PRACTICE IN THIS STATE. A TRUE AND COMPLETE WRITTEN 23 RECORD OF THE VETERINARIAN'S EXAMINATION, EXAMINATION FINDINGS, 24 DIAGNOSIS AND TREATMENT OF THE HORSE, AND ALL DRUGS OR FOREIGN 25 SUBSTANCES PRESCRIBED FOR THE HORSE BY THE VETERINARIAN, IN THE 26 MANNER AND FORM PRESCRIBED BY THE RACING COMMISSIONER, SHALL BE 27 PROVIDED, UPON REQUEST, TO THE COMMISSIONER FOR REVIEW. THE 03918'97 26 1 PRESCRIBED MEDICATIONS, NEEDLES, AND SYRINGES SHALL BE LABELED 2 AND STORED IN A MANNER AND FORM PRESCRIBED BY THE RACING 3 COMMISSIONER. 03918'97 Final page. VPW