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DE HB157

Bill

Status

Passed

7/24/2013

Primary Sponsor

John Viola

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

  • Authorizes the Secretary of Agriculture to issue administrative inspection warrants for inspecting private property where race horses are stabled to ensure compliance with harness and thoroughbred racing commission laws and regulations.

  • Establishes that warrants require reasonable articulable suspicion that "blood-doping" has occurred or a Class 1 or Class 2 drug is being carried in a race horse's body; unauthorized possession of hypodermic needles, syringes, or injectables on licensed facilities constitutes reasonable suspicion.

  • Limits warrant scope to stabling areas (stalls, aisleways, feed rooms, tack rooms, and common shedrow areas) and excludes dwelling areas and outbuildings; warrants must specify premises, items to be seized, licensee information, and basis for issuance.

  • Requires warrants to be executed during normal business hours (6:00 a.m. to 6:00 p.m., Monday through Sunday) by a police academy graduate accompanied by a Commission or State veterinarian; returned within 5 days with written inventory of seized property.

  • Prohibits using administrative inspections as basis for criminal prosecution and requires seized property be returned within 30 days if no violation is found; does not apply to racino facilities licensed under 29 Del. C. §4805(b)(13).

Legislative Description

An Act To Amend Title 3 Of The Delaware Code Relating To The Department Of Agriculture And Harness And Thoroughbred Racing.

Last Action

Signed by Governor

7/24/2013

Committee Referrals

Agriculture6/13/2013
Agriculture5/30/2013

Full Bill Text

No bill text available