Legislation

§ 902-a. Standardbred total carbon dioxide (TCO2) on-track drug
testing program. 1. Program. The commission shall establish and
administer a program to conduct on-track drug testing for excess levels
of TCO2 in standardbred horses entered to race at licensed harness
tracks in this state. Such program shall include on-track pre-race
testing done by the commission or its employees or representatives in
accordance with this section and regulations promulgated by the
commission. For the purposes of this section, the term "TCO2" shall mean
total carbon dioxide.

2. Recurring annual expenses. (a) The commission shall mandate an
additional amount to be added to start fees, outlined in subdivision one
of section one hundred fifteen-a of this chapter, necessary to cover
fifty percent of the costs to support the program established by this
section for the applicable calendar year.

(b) The commission shall mandate corporations or associations
authorized under this chapter to conduct pari-mutuel betting at a
standardbred race meeting or standardbred races run thereat to make
payment, or payments, to the racing regulation account in the amount
necessary to cover fifty percent of the costs to support the program
established by this section for the applicable calendar year. The
commission shall determine the frequency and manner of such payments.

(c) (i) No later than January thirty-first of the applicable year, the
commission shall notice the applicable organization representing at
least fifty-one percent of the owners and trainers using the facilities
of the applicable corporation or association authorized under this
chapter to conduct pari-mutuel betting at a standardbred race meeting or
standardbred races run thereat of the additional amount to be included
in the start fees outlined in paragraph (a) of this subdivision during
the applicable calendar year.

(ii) No later than January thirty-first of the applicable year, the
commission shall notice corporations or associations authorized under
this chapter to conduct pari-mutuel betting at a standardbred race
meeting or standardbred races run thereat of the amount, frequency and
manner of the payment or payments outlined in paragraph (b) of this
subdivision during the applicable calendar year.

3. Pre-race testing. (a) Blood or other biologic samples shall be
taken from at least three of the horses programmed to race or fifty
percent of horses programmed to race, whichever is higher, prior to the
race in which such horse is programmed, at a time and location specified
by the commission. Horses selected for such samples shall be selected at
random by the commission or its employees or representatives.

(b) The trainer or such trainer's representative shall accompany such
horse at the prescribed time and location and shall manage the horse as
directed. Willful failure to be present at, refusal to permit, or
interference with the taking of any sample pursuant to this subdivision
shall constitute a violation of this section and may subject the person
responsible to disciplinary action by the commission pursuant to this
chapter.

(c) Blood samples shall be taken by a veterinarian or veterinary
technician authorized by the commission and licensed to practice in this
state.

(d) Urine samples may be collected by a commission inspector or other
person authorized by the commission.

(e) Whenever an on-track test indicates the presence of excess TCO2
levels, in a sample taken from a horse, the judges shall scratch the
horse from the race.

(f) Unless specifically permitted in writing by the presiding judge, a
horse from which a pre-race sample has been taken shall not be removed
from the grounds except for transport to the racecourse where such horse
is scheduled to race if such racecourse is not located on the grounds
where the sample was taken.