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AB-1154 Horse racing: equine drug testing: equine medical director.(2013-2014)

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Amended  IN  Assembly  May 01, 2013
Amended  IN  Assembly  April 18, 2013

CALIFORNIA LEGISLATURE— 2013–2014 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 also requires the board to contract to provide compensation for an equine medical director, with specified duties and responsibilities, who shall provides for the appointment of an equine medical director to advise the Kenneth L. Maddy Equine Analytical Chemistry Laboratory, located at the University of California at Davis, and be appointed 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, for a person who is appointed as equine medical director on or after January 1, 2014, would prohibit a person from serving limit the number of terms that a person may serve consecutively to 2 consecutive 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   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) (1) The equine medical director at the Kenneth L. Maddy Equine Analytical Chemistry Laboratory shall serve be appointed for a term of two years. No individual shall serve two consecutive terms as the equine medical director.
(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.
(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.