Substitute House Bill No. 6554

Public Act No. 01-77

AN ACT CONCERNING THE DRUG TESTING OF ANIMALS IN DRAWING CONTESTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 22-126a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Agriculture, at the request and expense of the authority in charge of any animal drawing contest, shall provide for the administration of a program to test, immediately before or after a drawing contest, for the presence of drugs in any animals participating in such contest. The authority may charge the owner of the animal being tested for the cost of such test. The commissioner may, within available appropriations, on [his] the commissioner's own initiative and at state expense test animals participating in such contest on a random basis for the presence of drugs. The authority in charge of such contest shall provide well-lighted facilities, removed from the public, for the administration of such test. The owner or trainer or both the owner and trainer of any animal [being so] to be tested shall submit such animal for testing and shall provide assistance and proper restraint for confining such animal for and during the administration of such test. If the animal continues to resist the test after restraint is applied and the person administering the test determines a danger exists to the animal or persons present at the test, an alternative test shall be administered. No prize money shall be paid until the result of the test is known. If any such test reveals the presence of a drug in any such animal, such animal shall be disqualified to participate in such contest, shall be ineligible to receive any prize money awarded in such contest and [such animal] shall be barred from participating in any such contest held in this state for a period of one year from the date of receipt by the commissioner of the results of the test. The owner or trainer or both the owner and trainer of any such animal shall be barred from entering any other animal in any such contest held in this state for a period of not less than one year nor more than two years at the commissioner's discretion from the date of receipt by the commissioner of the results of the test for the first finding of the presence of a drug and for a period of not less than two years nor more than three years at the commissioner's discretion for a second such finding. The owner of any such animal shall reimburse the authority in charge of such animal drawing contest or the state, as the case may be, for the expense of such test. The owner may appeal, in accordance with the provisions of chapter 54, any action by the commissioner authorized by this section. As used in this section: [,"drug"] (1) "Drug" means any medication, stimulant, depressant, hypnotic or narcotic used in the diagnosis, cure, mitigation, treatment or prevention of disease in [man] humans or other animals; and (2) "trainer" means any person responsible for the care, training, custody or performance of an animal including, but not limited to, a person who signs an entry form for participation in a drawing contest or who has control of the animal during a drawing contest.

(b) Any owner or trainer or both the owner and trainer who: (1) Fails to submit an animal for drug testing, as provided in subsection (a) of this section; (2) fails to assist in the drug testing of an animal, as provided in subsection (a) of this section; (3) does not provide proper restraint for confining such animal for and during the administration of such drug test; or (4) interferes in the restraint or drug testing of such animal shall: (A) Be disqualified from participating in such contest and such animal shall be barred from participating in any such contest held in this state for a period of one year from the date of the contest; (B) be ineligible to receive any prize money awarded in such contest; and (C) be barred from entering any other animal in any such contest held in this state for a period of not less than one year nor more than two years, at the commissioner's discretion, from the date of such contest.

(c) Any owner or trainer or both the owner and trainer who violates subsection (a) or (b) of this section shall be subject to administrative civil penalties, as provided in section 22-7.

(d) Any owner or trainer or both the owner and trainer of any animal that tests positive for the presence of drugs in any other state shall be prohibited from entering any animal in a drawing contest in this state for a period of not less than one year or more than two years at the commissioner's discretion from the date of any such drug test.

Sec. 2. This act shall take effect July 1, 2001.

Approved June 6, 2001