Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                         CHAPTER 69-S.F.No. 922 
           An act relating to horse racing; regulating license 
          suspensions and revocations of class C licenses; 
          modifying the time periods and dollar limitations used 
          to trigger contested case hearings; requiring rules 
          that prohibit horses from carrying foreign substances 
          when they race; requiring medical testing fee rules; 
          making permanent the statutory provisions authorizing 
          the use of certain medications; amending Minnesota 
          Statutes 1986, sections 240.08, subdivision 5; 240.16, 
          subdivision 1; 240.22; 240.24, subdivisions 1 and 3; 
          and Laws 1985, chapter 211, section 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 240.08, 
subdivision 5, is amended to read:  
    Subd. 5.  [REVOCATION AND SUSPENSION.] The commission may 
revoke a class C license for a violation of law or rule which in 
the commission's opinion adversely affects the integrity of 
horse racing in Minnesota, or for an intentional false statement 
made in a license application.  
    The commission may suspend a class C license for up to one 
year for a violation of law, order or rule.  
    The commission may delegate to its designated agents the 
authority to impose suspensions of class C licenses, and the 
suspension may be appealed to the commission according to its 
rules.  
    A license revocation or suspension for more than 30 90 days 
is a contested case under sections 14.57 to 14.69 of the 
administrative procedure act and is in addition to criminal 
penalties imposed for a violation of law or rule.  The 
commission may summarily suspend a license for more than 30 90 
days prior to a contested case hearing where it is necessary to 
insure the integrity of racing.  A contested case hearing must 
be held within 20 days of the summary suspension and the 
administrative law judge's report must be issued within 20 days 
from the close of the hearing record.  In all cases involving 
summary suspension the commission must issue its final decision 
within 30 days from receipt of the report of the administrative 
law judge and subsequent exceptions and argument under section 
14.61. 
    Sec. 2.  Minnesota Statutes 1986, section 240.16, 
subdivision 1, is amended to read:  
    Subdivision 1.  [POWERS AND DUTIES.] All horse races run at 
a licensed racetrack must be presided over by a board of three 
stewards, who must be appointees of the commission or persons 
approved by it.  The commission shall designate one steward as 
chair.  At least two stewards for all races either shall be 
employees of the commission who shall serve in the unclassified 
service, or shall be under contract with the commission to serve 
as stewards.  The commission may delegate the following duties 
and powers to a board of stewards:  
    (a) to ensure that races are run in accordance with the 
commission's rules;  
    (b) to supervise the conduct of racing to ensure the 
integrity of the sport;  
    (c) to settle disputes arising from the running of horse 
races, and to certify official results;  
    (d) to impose on licensees, for violation of law or 
commission rules, fines not exceeding $500 $2,000 and license 
suspensions not exceeding 30 90 days; 
    (e) to recommend to the commission where warranted 
penalties in excess of those in clause (d);  
    (f) to otherwise enforce the laws and rules of racing; and 
    (g) to perform other duties and have other powers assigned 
by the commission.  
    Sec. 3.  Minnesota Statutes 1986, section 240.22, is 
amended to read:  
    240.22 [FINES.] 
    The commission shall by rule establish a graduated schedule 
of civil fines for violations of laws related to horse racing or 
of the commission's rules.  The schedule must include minimum 
and maximum fines for each violation and be based on and reflect 
the culpability, frequency and severity of the violator's 
actions.  The commission may impose a fine from this schedule on 
a licensee for a violation of those rules or laws relating to 
horse racing.  The fine is in addition to any criminal penalty 
imposed for the same violation.  Fines imposed by the commission 
must be paid to the commission and forwarded to the state 
treasurer for deposit in the general fund.  A fine in excess of 
$500 $2,000 is a contested case under the administrative 
procedure act. 
    Sec. 4.  Minnesota Statutes 1986, section 240.24, 
subdivision 1, is amended to read:  
    Subdivision 1.  [RULES.] The commission shall make and 
enforce rules governing medication and medical testing for 
horses running at licensed racetracks.  The rules must provide 
that no medication, as the commission defines that term by rule, 
may be administered to a horse within 48 hours of a race it runs 
at a licensed racetrack.  The rules must also provide that no 
horse participating in a race shall carry in its body any 
substance foreign to the natural horse.  The commission shall by 
rule establish the qualifications for laboratories used by it as 
testing laboratories to enforce its rules under this section.  
    Sec. 5.  Minnesota Statutes 1986, section 240.24, 
subdivision 3, is amended to read:  
    Subd. 3.  [FEES.] The commission shall establish by rule a 
fee or schedule of fees to recover the costs of medical testing 
of horses running at racetracks licensed by the commission.  
Fees charged for the testing of horses shall cover part of the 
cost of the medical testing laboratory but not exceed $30 per 
horse.  Fee receipts shall be deposited in the state treasury 
and credited to the general fund. 
    Sec. 6.  Laws 1985, chapter 211, section 5, is amended to 
read: 
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective the day following final 
enactment.  Section 2, subdivision 2, is repealed effective 
December 31, 1987. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 6 are effective the day following final 
enactment. 
    Approved May 7, 1987