1     
HORSE RACING AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill addresses horse racing.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides for rulemaking authority by the Utah Horse Racing Commission related to
13     use of foreign substances and related penalties;
14          ▸     prohibits activities in violation of the rules adopted by the commission; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          4-38-104, as last amended by Laws of Utah 2019, Chapter 239
23          4-38-302, as renumbered and amended by Laws of Utah 2017, Chapter 345
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 4-38-104 is amended to read:
27          4-38-104. Powers and duties of commission.
28          (1) The commission shall:
29          (a) license, regulate, and supervise the persons involved in the racing of horses as
30     provided in this chapter;
31          (b) license, regulate, and supervise the recognized race meets held in this state under
32     the terms of this chapter;
33          (c) cause the various places where recognized race meets are held to be visited and
34     inspected at least once a year;
35          (d) assist in procuring public liability insurance coverage from a private insurance
36     company for those licensees unable to otherwise obtain the insurance required under this
37     chapter;
38          (e) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
39     Rulemaking Act, to govern race meets, including rules to:
40          (i) [to] resolve scheduling conflicts and settle disputes among licensees;
41          (ii) [to] supervise, discipline, suspend, fine, and bar from events a person required to be
42     licensed by this chapter;
43          (iii) [to] exclude a horse from a racetrack facility in this state, or prohibit a horse from
44     participating in a horse race or race meet; [and]
45          (iv) [to] hold, conduct, and operate [all] a recognized race [meets] meet conducted
46     pursuant to this chapter; and
47          (v) adopt guidelines consistent with a model rule established by the Association of
48     Racing Commissioners International, a successor organization, or, if none, by another
49     nationally recognized organization that has published substantially similar guidelines that the
50     commission determines are generally accepted in the racing industry that provide:
51          (A) prohibitions on the use of foreign substances; and
52          (B) administrative penalties for violations of guidelines described in Subsection
53     (1)(e)(v)(A);
54          (f) determine which persons participating, directly or indirectly, in recognized race
55     meets require licenses;
56          (g) announce the time, place, and duration of a recognized race meet for which a
57     license is required; and
58          (h) establish reasonable fees for [all licenses] a license provided for under this chapter.
59          (2) The commission may:
60          (a) grant, suspend, or revoke licenses issued under this chapter;
61          (b) impose fines as provided in this chapter;
62          (c) access criminal history record information for the licensees and commission or
63     contracted employees;
64          (d) exclude from any racetrack facility in this state a person, including an owner, who:
65          (i) the commission considers detrimental to the best interests of racing; or
66          (ii) violates this chapter or any rule or order of the commission; and
67          (e) exclude from a racetrack facility in this state, or prohibit from participating in a
68     horse race or race meet, a horse that is owned, in full or part by a person:
69          (i) who the commission considers detrimental to the best interests of racing; or
70          (ii) who violates this chapter or a rule or order of the commission.
71          (3) (a) For purposes of Subsection (2)(e), ownership includes a horse for which an
72     individual or entity has a beneficial or other interest, as defined by rule.
73          (b) The period of time a horse may be excluded or prohibited from racing under
74     Subsection (2)(e) may not exceed one calendar year from the date of the initial oral or written
75     ruling by the stewards.
76          (c) A change in ownership or beneficial interest in a horse excluded or prohibited from
77     racing under Subsection (2)(e) does not affect the horse's exclusion from a racetrack or
78     prohibition from racing unless otherwise determined by the commission.
79          (4) The commission may contract, in accordance with Title 63G, Chapter 6a, Utah
80     Procurement Code, with a person to issue a license required under Subsection (1)(a) or (b).
81          Section 2. Section 4-38-302 is amended to read:
82          4-38-302. Stimulation or retardation of animals prohibited -- Use of foreign
83     substances prohibited -- Tests.
84          [(1) Any] (1) (a) A person who uses or permits the use of any mechanical or electrical
85     device, [or drug of any kind,] to stimulate or retard any animal in any race authorized by this
86     chapter, except as prescribed by the commission, is guilty of a class A misdemeanor.
87          (b) A person who violates the rules adopted by the commission under Subsection
88     4-38-104(1)(e)(v) to stimulate or retard any animal in any race authorized by this chapter is
89     subject to the administrative penalties imposed by rule adopted by the commission under
90     Subsection 4-38-104(1)(e)(v).
91          (2) A commission member or race steward may cause tests to be made that the
92     commission considers proper to determine whether [any animal has been stimulated or
93     retarded] a person has violated Subsection (1). Tests performed in furtherance of this section
94     shall be conducted by or under the supervision of a licensed Utah veterinarian.