California CodesBusiness and Professions Code - BPCDivision 8 — Special Business RegulationsChapter 4 — Horse RacingArticle 2 — General Administration and EnforcementSection 19440.1

(a)(1) Notwithstanding any other law, the board may enter into agreements with the authority and any other private, state, or federal entity that is responsible for administering the federal Horseracing Integrity and Safety Act of 2020 (15 U.S.C. Sec. 3051 et seq.) for the purpose of providing services consistent with the enforcement of the horseracing antidoping and medication control program and the racetrack safety program, as authorized by Section 3054(e)(2) of Title 15 of the United States Code.

(2) Upon entering into an agreement pursuant to paragraph (1), the board’s employees and contractors are authorized to provide all services contracted for under the agreement, including, but not limited to, representation in any administrative adjudicative enforcement proceeding, and general enforcement of the authority’s horseracing antidoping and medication control program and racetrack safety program.

(3) An agreement entered into pursuant to paragraph (1) shall not be subject to state contracting laws or Department of General Services review or approval.

(b) On behalf of the authority, the board may collect and remit fees assessed by the authority to fund California’s proportionate share of the authority’s horseracing antidoping and medication control program and racetrack safety program, as authorized by Section 3052(f) of Title 15 of the United States Code. If the board elects to collect and remit fees on behalf of the authority, the board shall allocate, assess, and collect the fees assessed by the authority from those associations and fairs subject to the authority’s jurisdiction in either of the following manners:

(1) From the remaining market access fees addressed by paragraph (5) of subdivision (f) of Section 19604, pursuant to the process described in subparagraph (E) of that paragraph.

(2) As part of the license fee established by Section 19616.51 using the methodology described in that section.

(c) Notwithstanding any other law, the board may elect to subject breeds other than thoroughbreds to the federal Horseracing Integrity and Safety Act of 2020 (15 U.S.C. Sec. 3051 et seq.), as authorized by Section 3054(l) of Title 15 of the United States Code.

(d) For purposes of this section, “the authority” has the same meaning as defined in Section 3051 of Title 15 of the United States Code.

Notes

Allows the board to contract with federal horseracing-integrity entities for antidoping, medication-control, and racetrack-safety services without state contracting or General Services review, and authorizes employees and contractors to perform those services. Allows collection of federal authority fees through specified racing fees and permits the board to elect federal coverage for breeds other than thoroughbreds.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 19440.1 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-8/chapter-4/article-2/section-19440-1

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