BILL ANALYSIS �
AB 1154
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Date of Hearing: April 24, 2013
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Hall III, Isadore, Chair
AB 1154 (Gray) - As Amended: April 18, 2013
SUBJECT : Horse racing
SUMMARY : Provides that the equine medical director (EMD) at
the Kenneth L. Maddy Equine Analytical Chemistry Laboratory
located at the University of California at Davis shall serve for
a term of two years. No individual shall serve two consecutive
terms as the equine medical director. In addition, the bill
states various legislative findings and declarations relating to
the laboratory.
EXISTING LAW :
1) Provides that the California Horse Racing Board (CHRB) shall
regulate the various forms of horse racing authorized in this
state.
2) Provides that it is the intent of the Legislature that the
CHRB contract with the Regents of the University of California
to provide equine drug testing.
3) Specifies that the CHRB shall contract to provide
compensation for an equine medical director who shall advise the
Kenneth L. Maddy Equine Analytical Chemistry Laboratory and be
appointed by the Dean of the School of Veterinary Medicine under
applicable university hiring rules with the advice of the board.
The equine medical director shall be a member of the scientific
advisory committee to the Kenneth L. Maddy Equine Analytical
Chemistry Laboratory, and act as the primary advisor to the
board on all matters relating to medication and drug testing,
the practice of veterinary medicine within the areas regulated
by the board, and the health and safety of horses within the
inclosure.
4) Provides that it is the intent of the Legislature that the
board contract with the Regents of the University of California
to provide equine drug testing. It is further the intent of the
Legislature that to the extent that resources are available, the
California Animal Health and Food Safety Laboratory perform
studies that may lead to the development of alternative or
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improved drug testing techniques.
5) Specifies that the Kenneth L. Maddy Equine Analytical
Chemistry Laboratory shall be located at the University of
California, Davis in order to take advantage of the expertise of
the veterinary specialists at that campus' School of Veterinary
Medicine.
6) Provides that the budget for equine drug testing to be
performed by the California Animal Health and Food Safety
Laboratory shall be established as a permanent line item in the
budget of the CHRB. Operating budget requests shall be
submitted annually by the university, and the CHRB shall
transfer funds appropriated for the operation of the laboratory
and for equipment, in accordance with the contract, to the
university.
7) Provides that the CHRB and the University of California may
expand the services provided by the laboratory to the board in a
manner that is mutually agreeable and is consistent as
specified. Provides if the equine drug testing is not conducted
by the Kenneth L. Maddy Equine Analytical Chemistry Laboratory
at the University of California, Davis, the CHRB shall contract
with the best qualified equine drug testing laboratory at a
compensation rate that the board determines is fair and
reasonable to the State of California and the board.
FISCAL EFFECT : Unknown.
COMMENTS :
Background : The Kenneth L. Maddy Equine Analytical Chemistry
Laboratory serves as the primary equine drug testing laboratory
for California's five permanent race courses and eight seasonal
fair venues. Funding for the drug testing program comes from a
portion of California wagering revenues.
The lab was named for the late Kenneth L. Maddy, California
legislator, avid horseman and supporter of veterinary education.
The lab at the University of California Davis is a 29,000
square-foot, $7.4 million facility which opened in 1999. The
lab provides routine drug testing for California racehorses and
evaluates the effectiveness of medications and other products on
racehorse performance. The lab examines blood and urine for the
presence of unauthorized substances.
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In general, veterinarians may not administer equine medications
within 48 hours of a horse race. To protect animals and uphold
the integrity of the racing industry, the CHRB requires analysis
of post-race samples.
The CHRB analyzed 38,832 post-race urine and blood samples,
including in-depth testing of 14,199 for anabolic steroids,
25,253 TCO2 blood samples, 737 out-of-competition blood samples,
92 evidence submissions, and 1,136 other samples for various
purposes in FY 2011-12. The cost to the State of California was
$1,987,250.
The testing of post-race samples is the backbone of the CHRB's
drug regulation program. Post-race testing includes in-depth
testing for anabolic steroids, narcotics, tranquilizers,
depressants
and potent stimulates.
CHRB Equine Medical Director : The EMD for the CHRB advises the
Board on all matters relating to equine health and welfare and
drug testing.
The current EMD for the CHRB has served in the position since
2006. A joint committee of the CHRB and the School of
Veterinary Medicine at the University of California, Davis
selected the EMD from among six candidates. The equine medical
director assists the CHRB in establishing policies and
procedures for equine health and welfare, drug testing,
medication rules, classifications, and penalty guidelines.
A Blue Ribbon Committee was formed in 1989 to evaluate why
California's horse racing industry was having problems with drug
testing and other related activities. One of the core
recommendations of the committee was the creation of the
position of equine medical director. The position was created
to provide the CHRB with technical and professional expertise.
The CHRB determined that they needed an individual who
understood drugs and medications, drug testing, and understood
veterinary and animal welfare issues.
In the FY 1990/1991, an EMD was hired to fill the position and
it has been a permanent CHRB position since FY 1992/1993.
The CHRB contracts with the Regents of the University of
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California to provide on a full-time basis, an Equine Medical
Director to the board in an advisory, supervisory capacity for
its drug testing program and other areas related to the health,
safety and welfare of horses. The EMD utilizes the services of
faculty members of UCD as consultants to provide support in
specialized this area. The Regents of the University of
California, Davis receives reimbursement from the CHRB for
approved program travel, both in-state and international;
mutually agreed salary and associated fringe benefits; approved
program supplies and equipment.
CHRB Service Contracts with Regents of the University of
California, Davis for Related Services for FY 2010/11, 2011/12,
and 2012/13:
-------------------------------------------------------
| Contracted | 2010-11 | 2011-12 | 2012-13 |
| Program | Budget | Budget | Budget |
| | | | |
|-------------+-------------+-------------+-------------|
| Equine | $303,000 | $303,000 | $308,800 |
| Medical | | | |
| Director | | | |
| | | | |
|-------------+-------------+-------------+-------------|
|Routine Drug | $1,987,250 | $1,987,250 |$1,987,250 |
| Testing | | | |
| | | | |
-------------------------------------------------------
Purpose of the bill : According to the author, the Kenneth L.
Maddy Equine Analytical Chemistry Laboratory located at the
University of California, Davis has proven to be an asset to
California's horse racing industry. However, like most state
department or agencies, succession planning needs to take place
to ensure the continuing success of the program.
Accordingly, the institutional knowledge of the lab should be
broad. Ideally, several individuals should possess the
knowledge and skill set to hold the position of equine medical
director.
The author believes that developing a pool of individuals with
the talent, expertise, and ability to hold the position of
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equine medical director will strengthen and ensure the continued
success of the laboratory for years to come.
Prior legislation : AB 2054 (Senate Governmental Organization
Committee), Chapter 1082, Statutes of 2000. Made numerous
technical, clarifying, and conforming changes in order to update
and condense, where possible, current horse racing statutes
found in the Business and Professions Code.
SB 428 (Maddy), Chapter 825, Statutes of 1995. Changed the name
of the Equine Research Laboratory at the UCD to the California
Center for Equine Health and Performance (CEHP). Required the
CHRB to contract with the Regents of the University of
California to have one-third of all routine equine drug testing
performed by the California Veterinary Diagnostic Laboratory
System (CVDLS).
AB 371 (Tucker), Chapter 826, Statutes of 1995. Provides that
if equine drug testing is not conducted by the Equine Drug
Testing Laboratory at UC Davis, then the CHRB must contract with
the best qualified equine drug testing laboratory at a
compensation rate that the CHRB determines is fair and
reasonable to the state.
SB 518 (Maddy), Chapter 1085, Statutes of 1993. Required the
CHRB to contract with the UC Regents to have 1/3 of the equine
drug testing done by the CVDLS; (2) allows for the construction
of a drug testing laboratory at UC Davis for this purpose; and
(3) requires .00033% of the total amount handled by every
association conducting a racing meeting be distributed to the
Equine Research Laboratory, and that .00067% be deposited to the
CVDLS.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
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