House Study Bill 41 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            INSPECTIONS AND APPEALS/
                                            IOWA RACING AND GAMING
                                            COMMISSION BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the racing and gaming commission by modifying
  2    provisions regulating horses involved in horse racing and
  3    providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1388XD 82
  6 ec/je/5

PAG LIN



  1  1    Section 1.  Section 99D.25, subsections 5 and 9, Code 2007,
  1  2 are amended to read as follows:
  1  3    5.  Every horse which suffers a breakdown on the racetrack,
  1  4 in training, or in competition, and is destroyed, and every
  1  5 other horse which expires while stabled on the racetrack under
  1  6 the jurisdiction of the commission, shall undergo a postmortem
  1  7 examination by a veterinarian or a veterinary pathologist at a
  1  8 time and place acceptable to the commission veterinarian to
  1  9 determine the injury or sickness which resulted in euthanasia
  1 10 or natural death.  Test samples shall may be obtained from the
  1 11 carcass upon which the postmortem examination is conducted and
  1 12 shall be sent to a laboratory approved by the commission for
  1 13 testing for foreign substances and natural substances at
  1 14 abnormal levels.  When practical, blood and urine test samples
  1 15 should be procured prior to euthanasia.  The owner of the
  1 16 deceased horse is responsible for payment of any charges due
  1 17 to conduct the postmortem examination.  A record of every
  1 18 postmortem shall be filed with the commission by the
  1 19 veterinarian or veterinary pathologist who performed the
  1 20 postmortem within seventy=two hours of the death.  Each owner
  1 21 and trainer accepts the responsibility for the postmortem
  1 22 examination provided herein as a requisite for maintaining the
  1 23 occupational license issued by the commission.
  1 24    9.  The commission shall conduct random tests of bodily
  1 25 substances of horses entered to race each day of a race
  1 26 meeting to aid in the detection of any unlawful drugging.  The
  1 27 tests may be conducted both prior to and after a race.  The
  1 28 commission shall may also test any horse that breaks down
  1 29 during a race and shall perform an autopsy on any horse that
  1 30 is killed or subsequently destroyed as a result of an accident
  1 31 during a race.  When practical, blood and urine test samples
  1 32 should be procured prior to euthanasia.
  1 33    Sec. 2.  Section 99D.25A, subsection 1, paragraph a, Code
  1 34 2007, is amended to read as follows:
  1 35    a.  "Bleeder" means, according to its context, either any
  2  1 of the following:
  2  2    (1)  A horse which, during a race or exercise, is observed
  2  3 by the commission veterinarian or designee a licensed
  2  4 practicing veterinarian to be shedding blood from one or both
  2  5 nostrils and in which no upper airway injury is noted during
  2  6 an examination by the commission veterinarian or a licensed
  2  7 practicing veterinarian immediately following such a race or
  2  8 exercise;.
  2  9    (2)  A horse which, within one and one=half hours of such a
  2 10 race or exercise, is observed by the commission veterinarian
  2 11 or a licensed practicing veterinarian, through visual or
  2 12 endoscopic examination, to be shedding blood from the lower
  2 13 airway; or.
  2 14    (3)  A horse which has been certified as a bleeder in
  2 15 another state.
  2 16    (4)  A horse which has furosemide listed on its most recent
  2 17 past performance.
  2 18    (5)  A horse which, by recommendation of a licensed
  2 19 practicing veterinarian, is prescribed furosemide to control
  2 20 or prevent bleeding from the lungs.
  2 21    Sec. 3.  Section 99D.25A, subsection 2, Code 2007, is
  2 22 amended to read as follows:
  2 23    2.  Phenylbutazone shall not be administered to a horse in
  2 24 dosages which would result in concentrations of more than two
  2 25 point two five micrograms of the substance or its metabolites
  2 26 per milliliter of blood.
  2 27    Sec. 4.  Section 99D.25A, subsection 4, Code 2007, is
  2 28 amended to read as follows:
  2 29    4.  If a test detects concentrations of phenylbutazone in
  2 30 the system of a horse in excess of the level permitted in this
  2 31 section, the commission shall assess a civil penalty against
  2 32 the trainer of at least two hundred dollars for the first
  2 33 offense and at least five hundred dollars for a second
  2 34 offense.  The penalty for a third or subsequent offense shall
  2 35 be in the discretion of the commission.  A penalty assessed
  3  1 under this subsection shall not affect the placing of the
  3  2 horse in the race.
  3  3    Sec. 5.  Section 99D.25A, subsection 7, Code 2007, is
  3  4 amended to read as follows:
  3  5    7.  A horse entered to race with furosemide must be treated
  3  6 at least four hours prior to post time.  The furosemide shall
  3  7 be administered intravenously by a veterinarian employed by
  3  8 the owner or trainer of the horse.  The commission shall adopt
  3  9 rules to ensure that furosemide is administered as provided in
  3 10 this section.  The commission shall require that the
  3 11 practicing veterinarian deliver an affidavit signed by the
  3 12 veterinarian which certifies information regarding the
  3 13 treatment of the horse.  The affidavit must be delivered to a
  3 14 commission veterinarian within twenty minutes following the
  3 15 treatment.  The statement must at least include the name of
  3 16 the practicing veterinarian, the tattoo number of the horse,
  3 17 the location of the barn and stall where the treatment
  3 18 occurred, the race number of the horse, the name of the
  3 19 trainer, and the time that the furosemide was administered.
  3 20 Furosemide shall only be administered in a dose level of two
  3 21 no less than one hundred fifty milligrams and no more than
  3 22 five hundred milligrams.
  3 23    Sec. 6.  Section 99F.6, subsection 8, paragraph a, Code
  3 24 2007, is amended to read as follows:
  3 25    a.  The licensee or a holder of an occupational license
  3 26 shall consent to the search, without a warrant, by agents of
  3 27 the division of criminal investigation of the department of
  3 28 public safety or commission employees designated by the
  3 29 secretary administrator of the commission, of the licensee's
  3 30 or holder's person, personal property, and effects, and
  3 31 premises which are located on the excursion gambling boat or
  3 32 adjacent facilities under control of the licensee, in order to
  3 33 inspect or investigate for violations of this chapter or rules
  3 34 adopted by the commission pursuant to this chapter.  The
  3 35 department or commission may also obtain administrative search
  4  1 warrants under section 808.14.
  4  2    Sec. 7.  EFFECTIVE DATE.  This Act, being deemed of
  4  3 immediate importance, takes effect upon enactment.
  4  4                           EXPLANATION
  4  5    This bill primarily makes changes relative to horses
  4  6 involved in horse racing.
  4  7    The bill provides that certain drug tests currently
  4  8 required to be conducted on horses that suffer a breakdown on
  4  9 the racetrack are discretionary and no longer mandatory.  The
  4 10 bill also provides that when practical, blood and urine
  4 11 samples should be obtained prior to euthanasia of a horse.
  4 12    The bill increases the maximum allowable concentration of
  4 13 phenylbutazone per milliliter of blood in a horse from two
  4 14 point two micrograms of the substance to five micrograms.
  4 15    The bill also modifies the definition of a bleeder for
  4 16 purposes of determining whether a horse can be given certain
  4 17 drugs.  The bill provides that a horse can be determined to be
  4 18 a bleeder if any licensed practicing veterinarian observes
  4 19 bleeding.  Current law only allows this determination if
  4 20 bleeding is observed by a racing and gaming commission
  4 21 veterinarian or designee.  In addition, the bill provides that
  4 22 a horse can be determined to be a bleeder if the horse has
  4 23 furosemide listed on its most recent performance or is
  4 24 prescribed furosemide to control bleeding by a veterinarian.
  4 25    The bill eliminates the provision that the placing of a
  4 26 horse in a race cannot be affected even if the racing and
  4 27 gaming commission assesses a civil penalty for excessive
  4 28 concentrations of phenylbutazone in the system of the horse.
  4 29    The bill modifies the acceptable dose level of furosemide
  4 30 that can be administered to a horse prior to a race.  The bill
  4 31 provides that furosemide shall only be administered in a dose
  4 32 of no less than 150 milligrams and no more than 500
  4 33 milligrams.  Current law sets the dose level at 250
  4 34 milligrams.
  4 35    The bill also amends Code section 99F.6 to provide that the
  5  1 administrator of the racing and gaming commission, and not the
  5  2 secretary, has the authority under that Code section.
  5  3    The bill takes effect upon enactment.
  5  4 LSB 1388XD 82
  5  5 ec:nh/je/5.1