,i #aaith ,,congress #ast ,session ,h4 ,r4 #ccgh ,,in ,,the ,,house ,,of ,,representatives ,may #ad1 #bjbe,mr4 ,higgins of ,louisiana 7for himself1 ,mr4 ,davis of ,north ,carolina1 and ,mr4 ,cole7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to protect the health and welfare of covered horses and improve the integrity and safety of horseracing by authorizing ,states to enter into an interstate compact to develop and enforce scientific medication control rules and racetrack safety rules that are uniform for each equine breed1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,racehorse ,health and ,safety ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,repeal of the ,horseracing ,integrity and ,safety ,act of #bjbj4,sec4 #d4 ,authorization to enter into interstate compact4,title ,i--,racehorse ,health and ,safety ,organization,sec4 #aja4 ,racehorse ,health and ,safety ,organization4,sec4 #ajb4 ,role of ,states and ,state racing commissions4,sec4 #ajc4 ,exemption from the ,federal ,advisory ,committee ,act4,title ,,ii--,horseracing scientific medication control,sec4 #bja4 ,scientific medication control committees4,sec4 #bjb4 ,horseracing scientific medication control rules4,title ,,iii--,racetrack safety,sec4 #cja4 ,definition of ,committee4,sec4 #cjb4 ,racetrack ,safety ,committee4,sec4 #cjc4 ,racetrack safety rules4,title ,,iv--,rule violations,sec4 #dja4 ,prohibited acts4,sec4 #djb4 ,results management and disciplinary process4,sec4 #djc4 ,administrative sanctions4,title ,v--,general provisions,sec4 #eja4 ,effective dates4 #b4 ,definitions ,in this ,act3 7#a7 ,advance deposit wager ,the term advance deposit wager means a legal form of parimutuel wager in which an individual deposits money into an account and such funds are used to pay for parimutuel wagers made either on-track or off-track4 7#b7 ,board ,the term ,board means the board of directors of the ,racehorse ,health and ,safety ,organization established under section #aja4 7#c7 ,breed registry ,the term breed registry-- 7,a7 means the organization with which an owner or breeder officially registers his or her horse for horseracing2 and 7,b7 includes-- 7i7 in the case of ,thoroughbreds1 the ,jockey ,club2 7ii7 in the case of ,standardbreds1 the ,united ,states ,trotting ,association2 and 7iii7 in the case of ,quarter ,horses1 the ,american ,quarter ,horse ,association4 7#d7 ,covered horse ,the term covered horse means any ,thoroughbred1 ,standardbred1 or ,quarter ,horse during the period-- 7,a7 beginning on the date of the horse's first timed and reported workout at a racetrack that participates in covered horseraces or at a training facility2 and 7,b7 ending on the earlier of-- 7i7 the date on which the horse is permanently ineligible to be entered in a covered horserace2 or 7ii7 the date of the death of the horse4 7#e7 ,covered horserace ,the term covered horserace means any horserace involving covered horses that has a substantial relation to interstate commerce1 including any horserace that is the subject of interstate off-track wagers or advance deposit wagers4 7#f7 ,covered person ,the term covered person means any trainer1 owner1 breeder1 jockey1 driver1 racetrack1 veterinarian1 person 7as defined in section #a1 of title #a1 ,united ,states ,code7 licensed by a ,state racing commission1 any agent1 assign1 or employee of such a person1 and any other horse support personnel engaged in the care1 training1 or racing of covered horses4 7#g7 ,equine industry representative ,the term equine industry representative means an organization representing the interests of1 and whose membership consists in whole or in part of1 owners1 breeders1 trainers1 racetracks1 veterinarians1 ,state racing commissions1 jockeys1 and drivers4 7#h7 ,immediate family member ,the term immediate family member includes a spouse1 domestic partner1 mother1 father1 aunt1 uncle1 sibling1 child1 or member of the same household4 7#i7 ,interstate compact ,the term interstate compact means the interstate compact entered into pursuant to this ,act4 7#aj7 ,interstate off-track wager ,the term interstate off-track wager has the meaning given such term in section #c of the ,interstate ,horseracing ,act of #aigh 7#ae ,u4,s4,c4 #cjjb74 7#aa7 ,jockey2 driver ,the terms jockey and driver mean an individual who is a rider or driver of a covered horse in a covered horserace4 7#ab7 ,member ,state ,the term member ,state means a ,state that is a member of the interstate compact4 7#ac7 ,owner2 breeder ,the terms owner and breeder mean an individual who-- 7,a7 holds an ownership interest in a covered horse2 or 7,b7 is in the business of breeding covered horses4 7#ad7 ,racetrack ,the term racetrack means an organization or person licensed by a ,state racing commission to conduct covered horseraces4 7#ae7 ,,rhso ,the term ,,rhso means the ,racehorse ,health and ,safety ,organization established under section #aja4 7#af7 ,scientific medication control committee ,the term scientific medication control committee means a committee established under section #bja4 7#ag7 ,state racing commission ,the term ,state racing commission means an entity designated by ,state law or regulation that has jurisdiction over the conduct of horseracing within the applicable ,state4 7#ah7 ,trainer ,the term trainer means an individual that is engaged in the training of covered horses and is the recipient of direct or indirect compensation or anything of value for such services or expertise4 7#ai7 ,training facility ,the term training facility means a location that-- 7,a7 is not a racetrack recognized and designated by the ,racehorse ,health and ,safety ,organization2 and 7,b7 operates primarily to house covered horses or to conduct official timed workouts or qualifying races4 7#bj7 ,veterinarian ,the term veterinarian means a licensed veterinarian who provides veterinary services to covered horses4 7#ba7 ,workout ,the term workout means-- 7,a7 a timed running of a horse over a predetermined distance not associated with a purse race2 or 7,b7 the competing of a horse in a harness qualifying race4 #c4 ,repeal of the ,horseracing ,integrity and ,safety ,act of #bjbj ,the ,horseracing ,integrity and ,safety ,act of #bjbj 7#ae ,u4,s4,c4 #cjea et seq47 is repealed4 #d4 ,authorization to enter into interstate compact 7a7 ,in general ,the consent of ,congress is given for ,states to enter into an interstate compact in accordance with this ,act4 7b7 ,consent of ,states ,a ,state may demonstrate consent to enter into the interstate compact through the enactment of a ,state law that contains a provision indicating such consent that is substantially similar to the following3 ,the ,state of hereby consents to and enters into the interstate compact established in accordance with the ,racehorse ,health and ,safety ,act of #bjbe4 4 7c7 ,prohibition on interstate off-,track wagers among non-,member ,states 7#a7 ,in general ,subject to1 and in accordance with1 the ,interstate ,horseracing ,act of #aigh 7#ae ,u4,s4,c4 #cjja et seq471 a host ,state that is a member ,state of the interstate compact may allow the interstate transmission of any electronic signal for the purposes of allowing for the placement of interstate off-track wagers or advance deposit wagers pertaining to the covered horserace concerned4 7#b7 ,exception ,a host ,state that is not a member ,state of the interstate compact is prohibited from allowing interstate transmission of any electronic signal for the purposes described in paragraph 7#a74 7#c7 ,host ,state defined ,in this subsection1 the term host ,state means a ,state in which a horserace subject to an interstate wager takes place4 ,i ,racehorse ,health and ,safety ,organization #aja4 ,racehorse ,health and ,safety ,organization 7a7 ,in general ,states that are members of the interstate compact shall-- 7#a7 establish and participate in an organization1 to be known as the ,racehorse ,health and ,safety ,organization or the ,,rhso1 to coordinate the decision making and actions of the ,state racing commission of each member ,state2 and 7#b7 develop bylaws and rules governing the ,,rhso1 including rules establishing the ,,rhso as an agency for purposes of subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code4 7b7 ,board of directors 7#a7 ,in general ,the ,,rhso shall be governed by a board of directors composed of #i members1 of whom-- 7,a7 #e shall be appointed by the ,state racing commission of each of the #e member ,states that had the greatest number of racing days during the preceding #c-year period1 with each such ,state racing commission appointing #a member2 and 7,b7 #d shall be appointed by the ,state racing commissions of the remaining member ,states4 7#b7 ,membership 7,a7 ,chairperson ,the chairperson of the ,board shall be elected annually by majority vote from among the members of the ,board4 7,b7 ,term 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 the term of a member of the ,board shall not exceed #c years4 ,no member shall serve more than #c full terms4 7ii7 ,initial appointment ,for purposes of staggering terms of appointment1 the initial members appointed by the ,state racing commissions in the #e member ,states that had the greatest number of racing days during the prior #c-year period shall serve an initial term of #d years4 7iii7 ,expansion in case of fewer than #i member ,states ,if1 as of the date described in section #ejb7;a71 fewer than #i ,states have entered the interstate compact1 the ,board shall add a new member as each new ,state enters the interstate compact1 up to a maximum of #i members4 7iv7 ,vacancies ,a vacancy on the ,board shall be filled in the same manner as the position was appointed immediately prior to the vacancy4 ,an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed shall be appointed for the remainder of that term4 ,when the term of office of a member ends1 the member may continue to serve until a successor is appointed4 7,c7 ,conflicts of interest 7i7 ,in general ,each member of the ,board shall-- 7,i7 before accepting appointment as a ,board member1 disclose any potential conflict of interest2 7,,ii7 notify the full ,board immediately upon engaging in any activity that the ,,rhso determines may be perceived as a conflict of interest2 and 7,,iii7 not less frequently than annually1 certify in writing the information referred to in subclauses 7,i7 and 7,,ii7 and disclose any potential or perceived conflicts of interest4 7ii7 ,recusal required ,a member of the ,board shall recuse himself or herself from discussion of any item before the ,board if such discussion-- 7,i7 relates to the direct financial interest of the member of the ,board or an immediate family member of the member of the ,board2 and 7,,ii7 does not apply to all covered horses within a breed4 7,d7 ,removal and ethics ,the ,board may remove by majority vote a member of the ,board or the chairperson of the ,board for-- 7i7 neglect of duty1 unethical behavior1 or malfeasance in office 7including conduct determined by the ,board to be injurious to the integrity of horseracing1 such as contract violations or perjury72 or 7ii7 conviction of a violation of a ,federal or ,state civil or criminal law related to horseracing4 7,e7 ,quorum ,in order to consider at a meeting any item requiring the approval of the ,board1 the ,board shall have in attendance at such a meeting 7either in person or remotely7 a majority of members of the ,board4 7c7 ,duties of the ,board ,the duties of ,board shall be-- 7#a7 7,a7 to adopt rules with respect to scientific medication control recommended by each scientific medication control committee under section #bjb2 or 7,b7 to modify1 or not adopt rules so recommended or adopt alternative rules if the ,board determines1 by a preponderance of evidence1 that such recommendations do not meet the requirements specified in paragraph 7#d72 7#b7 7,a7 to adopt rules with respect to racetrack safety recommended by the ,racetrack ,safety ,committee under section #cjc2 or 7,b7 to modify1 or not adopt rules so recommended or adopt alternative rules if the ,board determines1 by a preponderance of evidence1 that such recommendations do not meet the requirements specified in paragraph 7#d72 7#c7 to adopt rules with respect to rule violations1 as described in sections #dja1 #djb1 and #djc2 7#d7 to ensure that any rule adopted under paragraph 7#a71 7#b71 or 7#c7 is based on generally accepted scientific principles and methods1 and to the extent possible1 on peer-reviewed scientific data and studies2 7#e7 to hold open meetings with respect to proposed rules recommended under sections #bjb and #cjc1 at which the chairperson of the scientific medication control committee concerned or the chairperson of the ,racetrack ,safety ,committee1 as applicable1 or the representative of such chairperson1 shall present such proposed rules2 7#f7 not later than #de days before any such meeting is to be held-- 7,a7 to post on the internet website of the ,,rhso any proposed rule described in paragraph 7#a7 or 7#b7 7or modifications to such rules7 under consideration at such meeting2 and 7,b7 to submit to each ,state racing commission 7and to any other individual upon request7 notification of such meeting2 7#g7 to adopt any rule under paragraphs 7#a71 7#b71 and 7#c7 by a vote of not less than a two-thirds majority of the ,board1 determine the effective date of any such rule1 and update any such rule in accordance with the process established under paragraphs 7#e7 and 7#f72 7#h7 after notice and an opportunity for public comment1 in consultation with the ,state racing commissions1 to develop and maintain a nationwide database of racehorse safety1 performance1 health1 and injury information for the purpose of conducting an epidemiological study2 7#i7 in carrying out paragraph 7#h71 to require covered persons and equine industry representatives to collect and submit for inclusion in such database such information as the ,,rhso considers necessary to further the goal of increased horse welfare2 7#aj7 with respect to covered persons-- 7,a7 subject to section #ajb1 to issue subpoenas and investigate rule violations2 and 7,b7 to refer to the appropriate ,state racing commission any such violation for enforcement action unless the ,state racing commission concerned agrees to give that enforcement authority to the ,,rhso2 7#aa7 in consultation with member ,states1 to develop uniform standards for veterinarian's and steward's lists and uniform procedures for entering horses on1 and removing horses from1 such lists2 7#ab7 to establish1 and conduct oversight activities with respect to1 the scientific medication control committees under section #bja and the ,racetrack ,safety ,committee under #cjb2 7#ac7 in carrying out paragraph 7#ab71 with respect to members of the committees referred to in that paragraph-- 7,a7 to assess such members for potential conflicts on a case-by-case basis2 and 7,b7 to determine1 in the sole discretion of the ,board1 whether the potential conflict requires removal from the committee or denial of the opportunity to vote on an item pending before the relevant committee2 7#ad7 to carry out activities described in subsection 7e7 relating to laboratory accreditation2 and 7#ae7 to ensure that member ,states comply with the terms of this ,act1 the interstate compact1 and the rules adopted by the ,board under this section1 including the prohibition on interstate off-track wagers among non-member ,states specified in section #d7;c74 7d7 ,funding 7#a7 ,initial funding ,the ,,rhso1 acting through the ,board1 shall assess an initial fee from each ,state racing commission of a member ,state in an amount determined by the ,board to be sufficient to cover the startup costs of the racing commission for the first full year that begins after the effective date specified in section #ejb7;a74 7#b7 ,permanent funding 7,a7 ,assessment and collection of fees by ,states 7i7 ,in general ,beginning on a date determined by the ,,rhso1 each ,state racing commission of a member ,state shall remit to the ,,rhso an amount of fees determined under subparagraph 7,b71 in accordance with a schedule developed by the ,,rhso4 7ii7 ,determination of methods ,each ,state racing commission of a member ,state shall determine1 subject to the applicable laws1 regulations1 and contracts of the ,state concerned1 the method by which the amount of fees determined in accordance with subparagraph 7,b7 shall be allocated1 assessed1 and collected4 7,b7 ,annual calculation of amounts required 7i7 ,in general ,for the first year in which fees are collected under this subsection1 not later than the date determined by the ,,rhso1 and not later than ,november #a each year thereafter1 the ,,rhso shall determine and provide to each ,state racing commission the estimated amount required from each member ,state-- 7,i7 to fund the member ,state's proportionate share of the expenditures incurred in administering the horseracing scientific medication control rules under subsection 7c77#a7 and the racetrack safety rules under section subsection 7c77#b7 for each breed of covered horses racing in covered horseraces in the ,state2 and 7,,ii7 to liquidate any loan undertaken or other debt incurred to cover a shortfall in fees assessed for the current calendar year and any preceding calendar year4 7ii7 ,basis of calculation ,the amounts calculated under clause 7i7 shall be based on the annual breed-specific budget of the ,,rhso for the breed in that ,state for the following year as approved by the ,board of ,directors after taking into account-- 7,i7 the projected number of racing starts for the year separately for each breed in that ,state2 and 7,,ii7 any other sources of ,,rhso income4 7,c7 ,state racing commission assessment 7i7 ,sources ,a ,state may fund the amount required under subparagraph 7,b77i7 from a variety of sources1 including foal registration fees1 sales contributions1 starter fees1 track fees1 and other fees on covered persons4 7ii7 ,breed-specific assessments ,in assessing fees to meet the requirement under subparagraph 7,b71 a ,state racing commission shall assess fees on a breed-specific basis1 for the ,standardbred1 ,thoroughbred1 and the ,quarter ,horse industries operating within that ,state4 ,each such assessment shall be specifically earmarked for the development1 refinement1 and maintenance of-- 7,i7 horseracing scientific medication control rules consistent with subsection 7c77#a7 that are specific and limited to each breed's unique performance model and developed safety protocols2 and 7,,ii7 racetrack safety rules consistent with subsection 7c77#b7 that are specific and limited to each breed's unique performance model and developed safety protocols4 7iii7 ,no commingling ,a ,state racing commission of a member ,state shall ensure that funds assessed by the member ,state for a single breed of covered horses shall not be commingled for the use or subsidy of any other breed of covered horses4 7iv7 ,three-fourths majority vote required for rate increases ,in the case of a proposed increase in the amount required under clause 7i7 that exceeds #e percent1 such increase shall only become effective if the increase is approved by a vote of not less than a three-fourths majority of the ,board4 7#c7 ,borrowing ,the ,,rhso may incur debt to carry out the duties of the ,,rhso but may not accept loans from any covered person or equine industry representative4 7e7 ,testing laboratories 7#a7 ,in general ,the ,,rhso shall review existing rules relating to laboratory accreditation and testing standards issued by the ,state racing commissions and the ,national ,veterinary ,services ,laboratories of the ,animal and ,plant ,health ,inspection ,service of the ,department of ,agriculture4 7#b7 ,administration 7,a7 ,in general ,the ,,rhso shall select an accreditation body to conduct the accreditation of laboratories and the audits of laboratories so accredited to ensure compliance with rules issued under subsection 7c77#a74 7,b7 ,authority ,the accreditation body selected under subparagraph 7,a7 shall have the authority to require specific test samples to be directed to1 and tested by1 laboratories with special expertise in the required tests4 7,c7 ,condition of accreditation ,the accreditation body so selected shall ensure that each laboratory seeking accreditation to conduct testing of covered horses has a relationship with a national laboratory1 such as the ,national ,veterinary ,services ,laboratories of the ,animal and ,plant ,health ,inspection ,service4 7#c7 ,selection of laboratories 7,a7 ,in general ,a ,state racing commission may select1 for purposes of testing samples from covered horses racing in covered horseraces in the ,state concerned1 a laboratory accredited by the accreditation body selected under paragraph 7#b74 7,b7 ,selection by the ,,rhso ,if a ,state racing commission selects a laboratory that is not accredited by the accreditation body selected under paragraph 7#b71 the ,,rhso shall select a laboratory accredited by the accreditation body selected under paragraph 7#b7 to test samples taken in that ,state4 #ajb4 ,role of ,states and ,state racing commissions 7a7 ,enforcement authority 7#a7 ,state election ,to enforce ,a ,state racing commission may elect to exercise enforcement authority with respect to the rules issued under paragraphs 7#a7 and 7#b7 of section #aja7;c7 within the ,state concerned4 7#b7 ,,rhso rules ,if a ,state racing commission does not make the election described in paragraph 7#a71 the ,,rhso shall enforce the rules issued under paragraphs 7#a7 and 7#b7 of section #aja7;c7 within the ,state1 pursuant to a memorandum of understanding entered into with the ,,rhso4 7b7 ,preemption ,the rules of the ,,rhso promulgated in accordance with this ,act shall preempt any provision of ,state law or regulation of member ,states with respect to matters within the jurisdiction of the ,,rhso4 7c7 ,unfair or deceptive acts or practices ,each member ,state shall1 as a condition of being a member of the interstate compact1 have in effect a statute that treats as an unfair or deceptive act or practice the sale of a covered horse1 or of any other horse in anticipation of its future participation in a covered race1 if the seller-- 7#a7 knows or has reason to know the horse has been administered-- 7,a7 a bisphosphonate prior to the horse's fourth birthday2 or 7,b7 any other substance or method the ,,rhso determines has a long-term degrading effect on the soundness of the covered horse2 and 7#b7 fails to disclose to the buyer the administration of the bisphosphonate or other such substance or method4 #ajc4 ,exemption from the ,federal ,advisory ,committee ,act ,,rhso and any committee or subcommittee of ,,rhso are not subject to chapter #aj of title #e1 ,united ,states ,code 7commonly referred to as the ,federal ,advisory ,committee ,act74 ,,ii ,horseracing scientific medication control #bja4 ,scientific medication control committees 7a7 ,in general ,for purposes of developing1 updating1 and implementing a set of proposed rules with respect to horseracing scientific medication control for covered horses1 covered persons1 and covered horseraces1 the ,,rhso shall establish a scientific medication control committee with respect to each breed of horses involved in covered horserace1 as follows3 7#a7 ,a ,standardbred ,racing ,scientific ,medication ,control ,committee4 7#b7 ,a ,quarter ,horse ,racing ,scientific ,medication ,control ,committee4 7#c7 ,a ,thoroughbred ,racing ,scientific ,medication ,control ,committee4 7b7 ,duties ,each scientific medication control committee shall draft proposed rules regarding scientific medication control1 in accordance with subsection 7e71 and shall recommend the proposed rules to the ,board4 7c7 ,meetings ,except as provided in subsection 7e71 meetings of a scientific medication control committee may be closed4 7d7 ,membership 7#a7 ,composition ,each scientific medication control committee shall be composed of #g members1 as follows3 7,a7 ,regulatory members ,three members of each scientific medication control committee shall be appointed-- 7i7 by the ,board from within the equine industry2 and 7ii7 based on their knowledge of equine exercise physiology1 forensic toxicology1 or equine pharmacology4 7,b7 ,industry members ,four members of each scientific medication control committee shall be appointed as follows3 7i7 ,for the ,standardbred ,racing ,scientific ,medication ,control ,committee1 such appointments shall be made by the ,united ,states ,trotting ,association4 7ii7 ,for the ,quarter ,horse ,racing ,scientific ,medication ,control ,committee1 such appointments shall be made by the ,american ,quarter ,horse ,association4 7iii7 ,for the ,thoroughbred ,racing ,scientific ,medication ,control ,committee1 such appointments shall be made by the ,national ,horsemen's ,benevolent and ,protective ,association4 7#b7 ,qualifications 7,a7 ,in general ,the members of a scientific medication control committee appointed under paragraph 7#a77;,b7 shall-- 7i7 have significant1 recent experience in medication control or toxicology research2 or 7ii7 hold a doctorate of philosophy or equivalent degree4 7,b7 ,additional qualifications ,of the members appointed under paragraph 7#a77;,b7-- 7i7 at least #a member shall be a mathematician or statistician with experience in threshold determination2 7ii7 at least #a member shall be an equine exercise physiologist2 7iii7 at least #a member shall be an equine pharmacologist2 and 7iv7 at least #a member shall be an analytical chemist4 7#c7 ,term 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term of each member of a scientific medication control committee shall not exceed #c years4 ,such term is renewable for an indefinite number of terms4 7,b7 ,initial term ,for purposes of staggering the terms of appointment1 the members first appointed under paragraph 7#a77;,a7 shall serve an initial term of #d years4 7,c7 ,limitation ,no member of a scientific medication control committee may serve as a member on more than #b scientific medication control committees4 7#d7 ,chairperson ,the chairperson of each scientific medication control committee shall be elected annually from among the members of the scientific medication control committee by majority vote of the scientific medication control committee4 7#e7 ,conflicts of interest ,each member appointed to a scientific medication control committee shall1 before the beginning of any meeting of the scientific medication control committee1 declare any conflicts of interest directly pertinent to the agenda of such meeting4 7#f7 ,quorum ,in order to consider at a meeting any rule being proposed to the ,board1 each scientific medication control committee shall have in attendance at such a meeting 7either in person or remotely7 a majority of members of the scientific medication control committee4 7e7 ,rules for scientific medical control 7#a7 ,adoption of rules ,not later than #ij days before the consideration of a rule 7or a modification to such a rule71 each scientific medication control committee shall hold an open meeting at which covered persons or their representatives may provide input4 7#b7 ,notice of meeting ,not less than #de days before the date on which the meeting referred to in paragraph 7#a7 is to be held1 the agenda1 location1 and date of such meeting shall-- 7,a7 be posted on the internet website of the ,,rhso2 7,b7 submitted to the ,racing ,medication and ,testing ,consortium1 the ,harness ,racing ,medication ,collaborative1 and the ,american ,quarter ,horse ,association ,medication ,committee2 and 7,c7 provided to any individual or entity requesting such information4 7#c7 ,recording of input ,if any input from a covered person 7or a representative of a covered person7 is provided during a meeting referred to in paragraph 7#a71 or provided in writing1 such input shall be transcribed and recorded and made part of the record of the scientific medication control committee concerned4 7#d7 ,review of medication and threshold rules 7,a7 ,in general ,each scientific medication control committee shall review-- 7i7 all existing medication and threshold rules issued by ,state racing commissions with respect to covered horses2 and 7ii7 all available research on medication thresholds for covered horses4 7,b7 ,penalty recommendations ,a scientific medication control committee may revise penalty recommendations with respect to each substance reviewed as part of the medication and threshold review under subparagraph 7,a74 7,c7 ,medications ,each scientific medication control committee shall-- 7i7 review the development of any new medication on an ongoing basis to determine whether such medication should be subject to the medication control rules issued pursuant to section #aja7;c72 and 7ii7 if the scientific medication control committee determines that such a medication should be subject to such rules1 the scientific medication control committee shall develop and submit to the ,board for approval proposed modifications to such rules to include such medication4 #bjb4 ,horseracing scientific medication control rules 7a7 ,applicability ,scientific medication control rules issued under section #aja7;c77#a7 for each breed of covered horse shall apply to-- 7#a7 covered horseraces1 covered persons1 and covered horses in member ,states2 and 7#b7 any covered horse or covered person from a ,state that is not a member ,state that seeks to race in a covered horserace in a member ,state4 7b7 ,development of proposed rules 7#a7 ,in general ,in developing proposed scientific medication control rules with respect to a breed of covered horses1 to the extent possible1 a scientific medication control committee shall-- 7,a7 use scientific methods2 7,b7 address all topics set forth in subsection 7c72 and 7,c7 take into account the unique characteristics and needs of such breed and its racing performance model1 including the varying number and nature of races each year for the breed4 7#b7 ,transition ,until the date on which rules issued by the ,,rhso pursuant to section #aja7;c7 become effective1 the rules of the ,state concerned shall apply with respect to the administration of medication to covered horses racing in covered horseraces4 7c7 ,elements ,the proposed rules referred to in subsection 7b7 shall provide-- 7#a7 that-- 7,a7 a covered horse may only compete in a covered horserace if the horse is-- 7i7 free from the active pharmacological effect of medications1 other foreign substances1 and methods that enhance the natural performance of the covered horse2 and 7ii7 unencumbered by-- 7,i7 foreign substances2 and 7,,ii7 diseases or conditions2 7,b7 a covered horse that is injured or determined by a veterinarian to be unsound may not train or participate in a covered horserace2 7,c7 the use of medications1 other foreign substances1 and treatment methods that mask pain in order to allow an injured or unsound covered horse to train or race in a covered horserace shall be prohibited2 7,d7 with respect to the uniformity of rules1 standards1 procedures1 and protocols regulating medication and treatment methods for covered horses and covered horseraces1 such rules1 standards1 procedures1 and protocols-- 7i7 shall be uniform within each breed of covered horse2 and 7ii7 shall not be imposed on all #c breeds unless specifically adopted by the scientific medication control committee for each breed2 and 7,e7 breed-specific rules1 standards1 procedures1 and protocols shall include breed-specific permissible thresholds1 medication withdrawal guidelines1 and other breed-specific concerns with respect to the administration of medication2 and 7#b7 for-- 7,a7 the development1 in consultation with the ,state racing commissions and the ,national ,veterinary ,services ,laboratories of the ,animal and ,plant ,health ,inspection ,service1 of a list of permitted and prohibited medications1 methods1 and substances1 for each breed of covered horse2 7,b7 a process for the review by the scientific medication control committee concerned for the administration of any medication to a covered horse during the #bd-;hour period preceding the next racing start of the covered horse2 and 7,c7 the performance and management of test distribution planning 7including intelligence-based testing71 the sample collection process1 and in-competition and out-of-competition testing 7including no-advance-notice testing74 ,,iii ,racetrack safety #cja4 ,definition of ,committee ,in this title1 the term ,committee means the ,racetrack ,safety ,committee established under section #cjb4 #cjb4 ,racetrack ,safety ,committee 7a7 ,in general ,for the purposes of developing1 updating1 and implementing mandatory horseracing racetrack safety rules for covered horses1 covered persons1 and covered horseraces under this ,act1 the ,,rhso shall establish a ,racetrack ,safety ,committee4 7b7 ,duties ,the ,committee shall-- 7#a7 draft proposed rules with respect to racetrack safety for each horse breed competing in covered horseraces1 in accordance with subsection 7d72 7#b7 recommend such proposed rules to the ,board2 and 7#c7 for purposes of making such recommendations1 obtain testimony or other documented comment from racetrack superintendents from each affected breed of covered horses4 7c7 ,membership ,the ,committee shall be composed of #g members as follows3 7#a7 ,regulatory members ,three such members shall be representatives of the equine industry1 selected by the ,board for their knowledge of racetrack safety1 management1 and maintenance4 7#b7 ,industry members ,four such members shall be appointed as follows3 7,a7 ,one member shall be appointed by the ,united ,states ,trotting ,association4 7,b7 ,one member shall be appointed by the ,american ,quarter ,horse ,association4 7,c7 ,one member shall be appointed by the ,national ,horsemen's ,benevolent and ,protective ,association4 7,d7 ,one member shall be a racetrack superintendent appointed by the ,association of ,racing ,commissioners ,international4 7#c7 ,term 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term of each member of the ,committee shall not exceed #c years4 ,such term is renewable for an indefinite number of terms4 7,b7 ,initial term ,for purposes of staggering the terms of appointment1 the members first appointed under paragraph 7#a7 shall serve an initial term of #d years4 7#d7 ,chairperson ,the chairperson of the ,committee shall be elected annually from among the members of the ,committee by majority vote of the ,committee4 7#e7 ,conflicts of interest 7,a7 ,in general ,each member of the ,committee shall-- 7i7 before accepting appointment as a member of the ,committee1 disclose any potential conflict of interest2 and 7ii7 notify the full ,board immediately upon engaging in any activity that the ,,rhso determines may be perceived as a conflict4 7,b7 ,recusal required ,a member of the ,committee shall recuse himself or herself from discussion of any item at a meeting of the ,committee if such discussion-- 7i7 relates to the direct financial interest of any member of the ,committee2 and 7ii7 does not apply to all covered horses within a breed4 7#f7 ,removal and ethics ,the ,board may remove by majority vote a member of the ,committee for-- 7,a7 neglect of duty1 unethical behavior1 or malfeasance in office 7including conduct determined by the ,board to be injurious to the integrity of horseracing1 such as contract violations and perjury72 or 7,b7 conviction of a violation of a ,federal or ,state civil or criminal law related to horseracing4 7#g7 ,quorum ,in order to consider at a meeting any rule being proposed to the ,board1 the ,committee shall have in attendance at such a meeting 7either in person or remotely7 a majority of members of the ,committee4 7d7 ,process for adoption of rules 7#a7 ,in general ,not later than #ij days before the consideration of a proposed rule 7or a modification to such a rule71 the ,committee shall hold an open meeting at which covered persons or their representatives may provide input4 7#b7 ,notice of meeting ,not less than #de days before the date on which the meeting referred to in paragraph 7#a7 is to be held1 the agenda1 location1 and date of such meeting shall-- 7,a7 be posted on the internet website of the ,,rhso2 7,b7 submitted to the ,racing ,medication and ,testing ,consortium1 the ,harness ,racing ,medication ,collaborative1 and the ,american ,quarter ,horse ,association ,medication2 and 7,c7 provided to any individual or entity requesting such information4 7#c7 ,recording of input ,if any input from a covered person 7or a representative of a covered person7 is provided during a meeting referred to in paragraph 7#a71 or provided in writing1 such input shall be transcribed and recorded and made part of the record of the ,committee4 #cjc4 ,racetrack safety rules 7a7 ,applicability ,the racetrack safety rules established pursuant to section #aja7;c77#b7 shall apply with respect to covered horses1 covered persons1 and covered horseraces4 7b7 ,development of proposed rules ,in developing proposed racetrack safety rules1 the ,committee shall-- 7#a7 consult with the ,state racing commissions2 and 7#b7 take into consideration safety standards in use as of the date of the enactment of this ,act1 including-- 7,a7 the ,national ,thoroughbred ,racing ,association ,safety and ,integrity ,alliance ,code of ,standards2 and 7,b7 the ,association of ,racing ,commissioners ,international ,model ,rules4 7c7 ,elements ,the proposed rules referred to in subsection 7b7 shall include the following3 7#a7 ,training and racing safety standards and protocols that-- 7,a7 take into account regional differences and the character of different racing facilities that may cause variations based on geographical and environmental differences2 7,b7 are otherwise uniform within each breed of covered horses and unique to the performance model of each such breed2 7,c7 are consistent with the humane treatment of covered horses2 and 7,d7 may include lists of permitted and prohibited practices1 methods1 and track surfaces that affect safety4 7#b7 ,track safety standards and protocols1 uniform within each breed of covered horses1 which may include rules governing-- 7,a7 human and equine injury reporting and prevention2 and 7,b7 oversight and movement of covered horses4 7#c7 ,with respect to the accreditation by the ,,rhso of racetracks within each breed of covered horses racing in covered horseraces-- 7,a7 safety1 training1 and performance standards of such accreditation2 7,b7 the process by which a racetrack within each breed may achieve and maintain such accreditation2 and 7,c7 the penalties to be imposed by the ,,rhso or a ,state racing commission1 as applicable1 in the case of a racetrack not complying with such standards4 7#d7 ,in the case of a racetrack that does not1 as of the date on which the rules established pursuant to section #aja7;c77#b7 become effective1 meet the standards for accreditation issued pursuant to paragraph 7#b71 a process for the extension of provisional or interim accreditation for a period not to exceed #a year-- 7,a7 to a racetrack accredited by the ,national ,thoroughbred ,racing ,association ,safety and ,integrity ,alliance2 and 7,b7 that is-- 7i7 determined at a meeting that takes place on a date during such #a-year period2 and 7ii7 sanctioned by the ,united ,states ,trotting ,association or any entity empowered to perform such function on behalf of the ,american ,quarter ,horse ,association4 7#e7 ,the establishment and process for maintaining a racing surface quality maintenance system that-- 7,a7 takes into account regional environmental differences and the character of different racing facilities1 including differences among breeds2 and 7,b7 may include requirements for-- 7i7 track surface design and consistency2 and 7ii7 standard operating procedures related to track surface monitoring and maintenance1 such as standardized seasonal assessment1 daily tracking1 and measurement4 7#f7 ,a process for injury and fatality analysis1 which may include-- 7,a7 pre-training and post-training and race inspections2 7,b7 use of a veterinarian's list or a steward's list that meet standards specified under section #aja7;c77#aa72 and 7,c7 jockey1 exercise rider1 and driver concussion protocols4 7#g7 ,requirements relating to the conduct of safety and performance research4 7#h7 ,rules relating to the establishment of educational programs4 ,,iv ,rule violations #dja4 ,prohibited acts ,in enforcing the rules issued under section #aja7;c71 the ,board shall prohibit the following3 7#a7 ,certain nontherapeutic medications and substances1 including-- 7,a7 the administration to a covered horse of such a medication or substance2 7,b7 the presence of such a medication or substance in a blood1 urine1 or hair sample of a covered horse2 7,c7 the use or attempted use of such a medication or substance on a covered horse2 7,d7 possession or attempted possession of such a medication or substance2 7,e7 trafficking or attempted trafficking in any such medication or substance2 and 7,f7 manufacturing1 producing1 or formulating such a medication or substance4 7#b7 ,certain therapeutic medications and substances in quantitative amounts that exceed the irrelevant concentration present in a covered horse during a prohibited timeframe before or after the covered horse races in a covered horserace1 including-- 7,a7 the administration to a covered horse of such a medication or substance2 7,b7 the presence of such a medication or substance in a blood1 urine1 or hair sample of a covered horse2 and 7,c7 the use or attempted use of such a medication or substance on a covered horse4 7#c7 ,refusal or failure-- 7,a7 without compelling justification1 to submit a covered horse for collection of a blood1 urine1 or hair sample2 7,b7 to cooperate with the ,,rhso1 a ,state racing commission1 or an agent thereof during any investigation2 7,c7 to respond truthfully1 to the best of a covered person's knowledge1 to a question of the ,,rhso1 a ,state racing commission1 or an agent thereof with respect to any matter under the jurisdiction of such entity2 and 7,d7 in the case of a racetrack1 to be in compliance with track safety standards4 7#d7 ,tampering or attempted tampering with the application of the rules issued by or process adopted by the ,,rhso under section #aja7;c71 including-- 7,a7 the intentional interference1 or an attempt to interfere1 with the ,,rhso1 a ,state racing commission1 or an agent thereof2 7,b7 the procurement or the provision of fraudulent information to the ,,rhso1 a ,state racing commission1 or an agent thereof2 and 7,c7 the intimidation of1 or an attempt to intimidate1 a potential witness4 7#e7 ,assisting1 encouraging1 aiding1 abetting1 conspiring1 covering up1 or any other type of intentional complicity involving a violation of a rule issued under section #aja7;c7 or the violation of a period of suspension or eligibility imposed on a covered person1 covered horse1 or covered horserace4 7#f7 ,threatening or seeking to intimidate a person with the intent of discouraging the person from the good faith reporting to the ,,rhso1 a ,state racing commission1 or an agent thereof1 of information that relates to-- 7,a7 an alleged violation of a rule issued by the ,,rhso under section #aja7;c72 or 7,b7 alleged noncompliance with such a rule4 #djb4 ,results management and disciplinary process 7a7 ,in general ,the ,board shall issue rules with respect to the disciplinary process for safety1 performance1 and scientific medication control rule violations1 which may include the existing ,model ,rules of the ,association of ,racing ,commissioners ,international4 7b7 ,elements ,the rules and processes issued under subsection 7a7 shall include the following3 7#a7 ,the undertaking of investigations at racetrack and nonracetrack facilities related to safety violations4 ,in performing investigations1 the ,,rhso and ,state racing commissions shall seek assistance as needed4 7#b7 ,procedures for-- 7,a7 investigating1 charging1 and adjudicating violations2 and 7,b7 the enforcement of administrative sanctions4 7#c7 ,a schedule of administrative sanctions for violations4 7#d7 ,disciplinary hearings1 which may include binding arbitration1 mediation1 administrative sanctions1 and research4 7#e7 ,management of violation results4 7#f7 ,referral for criminal law enforcement investigation4 7#g7 ,provisions for notification of safety1 performance1 and scientific medication control rule violations4 7#h7 ,a process by which a noncompliant member ,state may be removed by unanimous vote of the remaining member ,states4 7#i7 ,hearing procedures4 7#aj7 ,standards for burden of proof4 7#aa7 ,presumptions1 including a rebuttable presumption of liability for covered persons who are trainers for any violations of the scientific medication control rules under section #aja7;c77#a74 7#ab7 ,evidentiary rules4 7#ac7 ,appeals4 7#ad7 ,guidelines for confidentiality and public reporting of decisions4 7c7 ,due process ,the rules established under subsection 7a7 shall provide for adequate due process1 including-- 7#a7 impartial hearing officers or tribunals commensurate with the seriousness of the alleged safety1 performance1 or scientific medication control rule violation and the possible civil sanctions for such violation2 7#b7 the right to counsel1 to confront witnesses1 and to have a transcribed record of the proceedings2 and 7#c7 the right to have a decision rendered not later than #fj days after the date on which the hearing closes4 #djc4 ,administrative sanctions 7a7 ,in general ,the ,board shall-- 7#a7 review existing ,model ,rules of the ,association of ,racing ,commissioners ,international applicable to a specific breed1 imposing administrative sanctions against covered persons or covered horses for safety1 performance1 and medication control rule violations2 and 7#b7 subject to subsection 7b71 issue and update rules relating to administrative sanctions referred to in paragraph 7#a74 7b7 ,requirements ,the rules established under subsection 7a7 shall-- 7#a7 take into account the unique aspects of horseracing2 7#b7 be designed to ensure fair and transparent horseraces2 and 7#c7 deter safety1 performance1 and scientific medication control rule violations4 7c7 ,severity ,the administrative sanctions under subsection 7a7 may include-- 7#a7 lifetime bans from horseracing1 disgorgement of purses1 monetary fines and penalties1 and changes to the order of finish in covered races2 and 7#b7 with respect to scientific medication control rule violators1 an opportunity to reduce the applicable administrative sanctions that is comparable to the opportunity provided by the ,protocol for ,olympic ,movement ,testing of the ,united ,states ,medication ,agency4 ,v ,general provisions #eja4 ,effective dates 7a7 ,,rhso ,except as provided in subsections 7b7 and 7c71 the provisions of this ,act shall take effect on the later of-- 7#a7 the date that is #b years after the date of the enactment of this ,act2 or 7#b7 the date on which #b or more ,states have entered into the interstate compact pursuant to section #d4 7b7 ,exceptions ,subsections 7c71 7d71 and 7e7 of section #aja1 and titles ,,ii1 ,,iii1 and ,,iv of this ,act shall take effect #ij days after the date described in subsection 7a74 7c7 ,immediate upon enactment ,sections #a1 #b1 and #c and subsections 7a7 and 7b7 of section #d shall take effect immediately upon the date of the enactment of this ,act4