BILL NUMBER: SB 921	CHAPTERED  07/27/07

	CHAPTER  155
	FILED WITH SECRETARY OF STATE  JULY 27, 2007
	APPROVED BY GOVERNOR  JULY 27, 2007
	PASSED THE SENATE  MAY 14, 2007
	PASSED THE ASSEMBLY  JULY 20, 2007
	AMENDED IN SENATE  MARCH 27, 2007

INTRODUCED BY   Senator Vincent

                        FEBRUARY 23, 2007

   An act to amend Section 19582 of the Business and Professions
Code, relating to horse racing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 921, Vincent. Horse racing: equine medication.
   Existing law, the Horse Racing Law, prohibits any substance from
being administered by any means to a horse after it has been entered
to race in a horse race, unless the California Horse Racing Board
has, by regulation, specifically authorized the use of the substance,
as specified. Existing law establishes specified penalties for a
violation of that prohibition, including a monetary penalty of not
more than $50,000.
   This bill would instead establish a monetary penalty of not more
than $100,000 for a violation of the prohibition on administering
unauthorized substances to horses entered in a horse race.


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

  SECTION 1.  Section 19582 of the Business and Professions Code is
amended to read:
   19582.  (a) (1) Violations of Section 19581, as determined by the
board, are punishable as set forth in regulations adopted by the
board.
   (2) The board may classify violations of Section 19581 based upon
each class of prohibited drug substances, prior violations within the
previous three years, and prior violations within the violator's
lifetime.
   (3) (A) The board may provide for the suspension of a license for
not more than three years, except as provided in subdivision (b), or
a monetary penalty of not more than one hundred thousand dollars
($100,000), or both, and disqualification from purses, for a
violation of Section 19581.
   (B) The actual amount of the monetary penalty imposed pursuant to
this paragraph shall be determined only after due consideration has
been given to all the facts, circumstances, acts, and intent of the
licensee, and shall not be solely based on the trainer-insurer rule,
as established in Sections 1843 and 1887 of Title 4 of the California
Code of Regulations.
   (4) The punishment for second and subsequent violations of Section
19581 shall be greater than the punishment for a first violation of
Section 19581 with respect to each class of prohibited drug
substances, unless the administrative law judge, in findings of fact
and conclusions of law filed with the board, concludes that a
deviation from this general rule is justified.
   (b) (1) A third violation of Section 19581 during the lifetime of
the licensee, determined by the board to be at a class I or class II
level, may result in the permanent revocation of the person's
license.
   (2) The administrative law judge shall, after consideration of the
circumstances surrounding a violation specified in paragraph (1),
file a decision with the board that includes findings of fact and
conclusions of law.
   (c) Any person whose license is suspended or revoked pursuant to
this section shall not be entitled to receive any material benefit or
remuneration in any capacity or from any business activity permitted
or allowed by the license during any period of its suspension or
revocation.
   (d) The penalties provided by this section are in addition to any
other civil, criminal, and administrative penalties or sanctions
provided by law, and do not supplant, but are cumulative to, other
penalties or sanctions.