Amended in Assembly May 1, 2013

Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1154

Introduced by Assembly Member Gray

February 22, 2013

An act to amend Section 19578 of the Business and Professions Code, relating to horse racing.

LEGISLATIVE COUNSEL’S DIGEST

AB 1154, as amended, Gray. Horse racing: equine drug testing: equine medical director.

Existing law provides that it is the intent of the Legislature that the California Horse Racing Board contract with the Regents of the University of California to provide equine drug testing. Existing law begin delete also requires the board to contract to provide compensation for an equine medical director, with specified duties and responsibilities, who shall end delete begin insert provides for the appointment of an equine medical director to end insert advise the Kenneth L. Maddy Equine Analytical Chemistry Laboratory, located at the University of California at Davis, begin delete and be appointed end delete by the Dean of the School of Veterinary Medicine, as specified.

This bill would establish that the term for the equine medical director is 2 years, and begin insert , for a person who is appointed as equine medical director on or after January 1, 2014, end insert would begin delete prohibit a person from serving end delete begin insert limit the number of terms that a person may serve consecutively to end insert 2 begin delete consecutive end delete terms. The bill would state various legislative findings and declarations relating to the Kenneth L. Maddy Equine Analytical Chemistry Laboratory.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The Kenneth L. Maddy Equine Analytical Chemistry
Laboratory located at the University of California at Davis has
proven to be an asset to California’s horse racing industry.

(b) It is in the interest of the people of California that the
Kenneth L. Maddy Equine Analytical Chemistry Laboratory
continues to provide equine drug testing.

(c) In order to ensure that the Kenneth L. Maddy Equine
Analytical Chemistry Laboratory remains a leader in equine drug
testing, a knowledge and talent base to lead the laboratory must
be broad.

(d) Having multiple individuals capable of being the equine
medical director at the Kenneth L. Maddy Equine Analytical
Chemistry Laboratory strengthens and ensures the continued
success of the laboratory.

SEC. 2.  

Section 19578 of the Business and Professions Code
is amended to read:

19578.  

(a) It is the intent of the Legislature that the board
contract with the Regents of the University of California to provide
equine drug testing. It is further the intent of the Legislature that
to the extent that resources are available, the California Animal
Health and Food Safety Laboratory perform studies that may lead
to the development of alternative or improved drug testing
techniques.

(b) The Kenneth L. Maddy Equine Analytical Chemistry
Laboratory shall be located at the University of California at Davis
in order to take advantage of the expertise of the veterinary
specialists at that campus’ School of Veterinary Medicine. The
laboratory shall be a part of the California Animal Health and Food
Safety Laboratory. Any capital outlay expenditures for the Kenneth
L. Maddy Equine Analytical Chemistry Laboratory shall comply
with Section 13332.11 of the Government Code.

(c) Funds collected under Article 9.2 (commencing with Section
19605) and Article 9.5 (commencing with Section 19610) for
purposes of the California Animal Health and Food Safety
Laboratory and the Center for Equine Health shall be deposited in
the California Animal Health and Food Safety Laboratory and
Center for Equine Health Account in the Fair and Exposition Fund.
Funds deposited in that account constitute trust funds and shall be
held in trust and may be expended only for the purposes for which
those funds are authorized to be expended pursuant to this section.
The funds designated for the California Animal Health and Food
Safety Laboratory shall be distributed to that system and shall be
used to fund the construction costs, equipment costs, and for the
repayment of the principal of, interest on, and costs of issuance
of, and as security, including any coverage factor, pledged to the
payment of, bonds issued or other debt service or expense,
including repayment of any advances made or security required
by any provider of credit enhancement or liquidity for those bonds
or other indebtedness, or expense of maintaining that credit
enhancement or liquidity, incurred for the purpose of constructing
the Kenneth L. Maddy Equine Analytical Chemistry Laboratory,
and for the operating costs of the Kenneth L. Maddy Equine
Analytical Chemistry Laboratory. The funds designated for the
Center for Equine Health shall be distributed to the Center for
Equine Health, School of Veterinary Medicine, University of
California, Davis.

(d) Title to the Kenneth L. Maddy Equine Analytical Chemistry
Laboratory shall vest in the Regents of the University of California.
The laboratory shall be used in a manner that is consistent with
Section 19577 and this section.

(e) The board shall contract to provide compensation for an
equine medical director who shall advise the Kenneth L. Maddy
Equine Analytical Chemistry Laboratory and be appointed by the
Dean of the School of Veterinary Medicine under applicable
university hiring rules with the advice of the board. The equine
medical director shall be a member of the scientific advisory
committee to the Kenneth L. Maddy Equine Analytical Chemistry
Laboratory, and act as the primary adviser to the board on all
matters relating to medication and drug testing, the practice of
veterinary medicine within the areas regulated by the board, and
the health and safety of horses within the inclosure.

(f)  begin insert (1) end insert begin insert   end insert The equine medical director at the Kenneth L. Maddy
Equine Analytical Chemistry Laboratory shall begin delete serve end delete begin insert be appointed end insert
for a term of two years. begin delete No individual shall serve two consecutive
terms as the equine medical director. end delete

begin insert

(2) For a person who is appointed as equine medical director
on or after January 1, 2014, the number of terms that the person
may serve consecutively shall be limited to two terms. However,
this paragraph does not limit the total number of nonconsecutive
terms a person may serve.

end insert

(g) The budget for equine drug testing to be performed by the
California Animal Health and Food Safety Laboratory pursuant
to Section 19577 shall be established as a permanent line item in
the budget of the board. Operating budget requests shall be
submitted annually by the university, and the board shall transfer
funds appropriated for the operation of the laboratory and for
equipment, in accordance with the contract, to the university.

(h) The board and the University of California may expand the
services provided by the laboratory to the board in a manner that
is mutually agreeable and is consistent with Section 19577 and
this section.