74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 439
 
Sponsored by COMMITTEE ON BUSINESS, TRANSPORTATION AND WORKFORCE
  DEVELOPMENT (at the request of Oregon Horsemen's Benevolent and
  Protective Association)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to Oregon Racing Commission; creating new provisions;
  and amending ORS 462.415.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 462.415 is amended to read:
  462.415. (1)   { - No - }   { + An + } animal   { - is entitled
to - }   { + may not + } participate in any race if:
    { - (a) It has been administered any drug after entry in the
race. - }
   { +  (a) Less than 24 hours before post time the animal has
been administered any drug that is prohibited by the Oregon
Racing Commission. + }
  (b)   { - It - }   { + The animal + } possesses in its system,
on race day, either prior to or at the time of the race any drug
detected by any of the testing methods approved by the
 { - Oregon Racing - } commission or customarily employed in the
testing of urine, saliva, blood or other samples from racing
animals.
  (c)   { - Its - }   { + The animal's + } performance was
stimulated, depressed or otherwise affected in any manner by use
prior to or during the race of any electrical, mechanical or
other device not sanctioned by the commission.
  (d)   { - It - }   { + The animal + } fails to satisfy all of
the conditions of the race prescribed by the racing secretary.
  (2)   { - No - }   { + A + } person   { - shall - }   { + may
not + } enter or allow to be entered in any race any animal if
the person knows, or by exercise of reasonable diligence should
have known, that its participation is prohibited under subsection
(1) of this section.
  (3) A trainer, upon entering an animal and allowing it to
participate in a race, represents that the animal is in a fit
condition and that its participation is not prohibited under
subsection (1) of this section. The trainer is responsible for
and the absolute insurer of the condition of the animal
regardless of the acts of third parties.
  (4) An animal   { - which - }   { + that + } participates in
violation of subsection (1) of this section shall be disqualified
and the order of finish revised. If the animal is disqualified,
its owner
  { - shall - }   { + may + } not share or participate in any
purse, earnings, trophies or other emoluments of the race. Any
 
 
Enrolled Senate Bill 439 (SB 439-INTRO)                    Page 1
 
 
 
revision in the order of finish after a race has been declared
'official' by the stewards   { - shall - }   { + does + } not
affect the mutuel payoff to the public.
  (5) Notwithstanding this section or any other section in this
chapter, the commission may, by rule, adopt a medication program
subject to commission control and supervision that it finds to be
in the best interest of racing. Notification to the public that
an animal is currently using a drug shall be left to the
discretion of the commission.
  (6) Testing of samples from racing animals may be performed
only at laboratory facilities certified by the commission as
having the capability to provide timely, accurate test results.
  (7) Notwithstanding any other provision of this chapter, the
commission, by rule, may adopt tolerances for medication, or
residues thereof, that may be detected through tests approved
under subsection (6) of this section.
  SECTION 2.  { + The amendments to ORS 462.415 by section 1 of
this 2007 Act apply to post times that occur on or after the
effective date of this 2007 Act. + }
                         ----------
 
 
Passed by Senate March 14, 2007
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 30, 2007
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 439 (SB 439-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 439 (SB 439-INTRO)                    Page 3