Sec. 4. Jurisdiction for horseracing anti-doping and medication control matters
531 words·~2 min read·
/bill/116/s/1820/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective upon the effective date of the anti-doping and medication control program as set forth in section 11, the Authority shall exercise authority over all horseracing anti-doping and medication control matters consistent with the provisions of this Act. The Authority shall be established as a private, independent, self-regulatory, nonprofit corporation with responsibility for developing and administering an anti-doping and medication control program for covered horses, covered persons, and covered horseraces consistent with the provisions of this Act.
The Authority— shall have the same anti-doping and medication control powers over horseracing licensees as the State racing commissions have in their respective States with respect to— access to offices, track facilities, and other places of business of licensees; search and seizure; issuance and enforcement of subpoenas and subpoenas duces tecum; and other investigatory powers; and with respect to an unfair or deceptive act or practice described in section 7, may recommend that the Commission commence an enforcement action.
As a condition of eligibility to participate in covered horseraces, covered persons agree that they and their covered horses shall be bound by the provisions of the horseracing anti-doping and medication control program established in accordance with section 6. The Commission shall have exclusive jurisdiction over all horseracing anti-doping and medication control matters consistent with this Act. The Authority shall engage in activities in accordance with such rules as are approved pursuant to this Act.
In carrying out the provisions of this Act, the Commission and the Authority shall be guided by the findings and principles contained in section 2. The jurisdiction and authority granted to the Commission and the Authority under this Act shall terminate if, at any time after the expiration of five years following the effectiveness of the anti-doping and medication control program— an interstate compact is established that includes among its members 75 percent of the States in which starts in covered races occurred during the calendar year preceding the formation of the compact and those States which collectively hosted not less than 90 percent of the total racing starts of covered horses in covered races for the two-year period preceding the formation of the compact; and all member States enter into and maintain an agreement with the Authority for services consistent with the anti-doping and medication control program provided for in section 6 in those States; or the compact is drafted with public input from horseracing industry constituencies (including trainers, owners, the breed registry, veterinarians, regulators, race tracks, testing laboratories, bettors, and jockeys) by persons who conform to the conflict of interest restrictions set forth in section 5(d); obligates the compact to pay the costs of winding down the Authority and transitioning its operations to the compact; provides for uniform anti-doping and medication control regulations among all member States, consistent with section 6 and no less restrictive than the Authority’s most recent anti-doping and medication control program; and is governed and maintained by a board, which would include among its members persons meeting the requirements of section 5(b), each board member conforming to the conflict of interest restrictions set forth in section 5(d).
The consent of Congress is hereby given to interstate compacts meeting the requirements referenced in section 5(h).