BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 3073
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 3073 (Governmental Organization Committee)
          As Amended August 19, 2008
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(May 1, 2008)   |SENATE: |34-0 |(August 25,    |
          |           |     |                |        |     |2008)          |
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           Original Committee Reference:    G.O.  

           SUMMARY  :  Allows California-sired horses to be included within  
          the special races designated for California-bred horses, as  
          specified.  Adds trainers to the list of person who may not  
          influence, induce or conspire to affect the result of race.   
          Makes a technical change with regards to the approval of  
          "vitamins and supplemental feeds" and makes minor and technical  
          changes to horse racing law.

           The Senate amendments  :  

          1)Require California-sired horses to be included within the  
            special races designated for California-bred horses, as  
            specified.  A "California-sired horse" is a Thoroughbred that  
            was conceived in California by a registered California  
            stallion.  A California-sired horse is only eligible for entry  
            in races restricted to California-bred or California-sired  
            horses and is not eligible for any breeder or owner awards. 

          2)Add trainers to the list of parties whom a person may not  
            influence, induce, or conspire with to affect race results.

          3)Exempt recognized vitamins or supplemental feeds approved by  
            or in compliance with the rules and regulations of the  
            California Horse Racing Board (CHRB). 

          4)Make other technical and non-substantive changes to horse  
            racing law.

           EXISTING LAW  :

          1)Authorizes the CHRB to regulate the various forms of horse  
            racing authorized in this state.









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          2)Makes it an offense for any person to influence, induce, or  
            conspire with any owner, jockey, groom, or other person  
            associated with or interested in any stable, horse, or race in  
            which a horse participates, to affect the result of that race.

          3)Forbids, among other things, the administration of drugs to a  
            horse to affect race results, but exempts from the definition  
            of drugs for this purpose recognized vitamins or supplemental  
            feeds approved by the veterinarian representing the CHRB.

          4)Adds the definition of "California-sired horse" to the list of  
            horses allowed to participate in a     California-bred race,  
            and requires every licensee conducting a horse racing meeting  
            to, each racing day, provide for the running of at least one  
            race limited to California-bred horses and California-sired  
            horses, to be known as the "California-bred race," as  
            specified.

          5)Provides that a "California-sired horse" is a Thoroughbred  
            that was conceived in California by a registered California  
            stallion.  A California-sired horse is only eligible for entry  
            in races restricted to California-bred or California-sired  
            horses and is not eligible for any breeder or owner awards.

          6)Establishes the "California-Cup" and the "California Cup Day  
            of races.  This is a series of races for which only officially  
            registered California-bred horses are eligible to run.
           
           FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :

           Purpose of this bill  :  This bill will assist in building larger  
          inventory of horses to fill California-bred races.  It provides  
          an incentive to breed registered California stallions for racing  
          and breeding in California, which will benefit both California  
          racing and agriculture.  

          Currently only registered California-bred horses are eligible to  
          be entered in a California-bred race.  According to the author,  
          this bill will allow horses conceived in California, but not  
          necessarily foaled in state, to be eligible to be entered in  
          California-bred races, if they are registered.  These registered  
          California-sired horses will only have entry in California-bred  








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          races and not be eligible for breeder or owner awards.  Current  
          law provides for California sired horse's eligibility for  
          stallion awards and that will remain the same.

          Furthermore, the bill makes clarifying changes to horse racing  
          law in that trainers, in addition to owners, jockeys, grooms,  
          amongst others, cannot conspire to "fix" a race.  It is implied  
          in current law.  However, this bill now specifically lists  
          trainers.  Some horse racing enthusiasts say that a horse is  
          only as good as its trainer.  This anecdotal comment highlights  
          the important role a trainer plays in the day-to-day care and  
          preparation of horses for racing.  As such, it seems reasonable  
          that trainers are expressly added to the list of parties with  
          whom it is illegal to conspire to affect race results.

          Finally, the bill provides that, when approving or exempting  
          vitamins and feed supplements from being administered as "drug",  
          the state veterinarian must do so in compliance with rules and  
          regulations of the board.  Again, this is implied in current  
          law; however, this measure makes it clear.

           Prior legislation  : 

          SB 317 (Denham), Chapter 77, Statutes of 2007, requires  
          applicants for license as an official veterinarian to pass both  
          a written and oral exam, and would establish qualifications for  
          persons to be admitted to the official veterinarian exam.  
          
          SB 1396 (Denham) Chapter 400, Statutes of 2006, requires the  
          CHRB to contract with licensed veterinarians to perform the  
          duties of official veterinarians at horse races as specified.

          SB 1465 (Costa), Chapter   145, Statutes of  2002, authorizes  
          the California Thoroughbred Breeders' Association to shift funds  
          from the Cal-bred Stakes Fund to a new pool to support the  
          "Sunshine Millions" series of stakes races featuring California  
          and Florida-bred horses.  

          SB 20 (Maddy), Chapter 2, Statutes of 1997, clarified and  
          redefined purses, breeder awards, owner premiums and stallion  
          awards for Cal-bred horses.  
          
          SB 1373 (Maddy), Chapter 393, Statutes of 1996, provides that a  
          California-bred winner of a qualifying race will earn either a  
          10 or 20% bonus depending on whether the horse was conceived by  








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          a registered thoroughbred stallion.  
           

          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531 


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