BILL ANALYSIS                                                                                                                                                                                                    



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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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        |COMMITTEE VOTE:  |11-0 |(August 30, 2008)   |RECOMMENDATION: |concur    |
        |                 |     |                    |                |          |
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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.








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         EXISTING LAW :

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

        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  








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        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 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  








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        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 a  
        registered thoroughbred stallion.  
         

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


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