BILL ANALYSIS
Bill No: AB
136
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 136 Author: Silva
As Amended: June 1, 2009
Hearing Date: June 23, 2009
Consultant: Chris Lindstrom
SUBJECT
Horse racing: imported harness or quarter horse races.
DESCRIPTION
AB 136, an urgency measure, adds a new section to Horse
Racing Law to prohibit the racing of cloned horses or the
offspring of cloned horses regardless of whether any breed
association has registered the horse. AB 136 also deletes
the limitation on the total number of out-of-state or
out-of-country harness or quarter horse races that may be
imported in a calendar year by a harness or quarter horse
racing association.
EXISTING LAW
Article IV, Section 19(b) of the Constitution of the State
of California provides that the Legislature may provide for
the regulation of horse races and horse race meetings and
wagering on the results.
Existing law provides that the California Horse Racing
Board (CHRB) regulate the various forms of horse racing
authorized in this state.
Existing law provides CHRB is authorized to permit a
harness or quarter horse association conducting a race
meeting to accept wagers on the results of up to eight
out-of-state or out-of-country harness or quarter horse
AB 136 (Silva) continued
Page 2
races per day, if specified conditions are met. If only
one breed is being raced on a given day, the racing
association conducting live racing may import those races
that would otherwise be simulcast by the association that
is not racing, as specified.
Existing law provides the total number of harness or
quarter horse races imported in a calendar year may not
exceed the number of night races imported in 1998 after
5:30 p.m.
Existing law authorizes a licensed harness racing
association that is conducting a live racing meeting in
this state to accept wagers on the full card of races
conducted by another racing association on the day that
other association conducts the Breeder's Crown Stakes, the
Meadowlands Pace, the Hambletonian, or the North American
Cup.
Existing law authorizes a licensed quarter horse racing
association that is conducting a live racing meeting in
this state to accept wagers on races conducted by the
racing association that conducts the American Quarter Horse
Racing Challenge if the races are conducted on the same day
as the American Quarter Horse Racing Challenge.
Existing law recognizes the Jockey Club of New York as the
official registering agency for Thoroughbred horses.
BACKGROUND
Purpose of the bill. According to the author, "the Jockey
Club, which is the registration association for
thoroughbred horses, only allows a foal to be registered if
the mare was live-serviced by the stallion. Thus, they do
not permit artificial insemination. In addition, cloned
horses may not race in harness races. Prohibiting cloned
quarter horses or the offspring of cloned quarter horses
from racing in California will bring quarter horse racing
up to the same standard as thoroughbred and harness racing.
This will help protect the integrity of the California
quarter horse racing industry."
"Further, according to the author's office, "by allowing
race tracks to increase the number of harness or quarter
horse races on which they can provide satellite wagering,
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Page 3
this bill makes up, in part, for the closing of Bay
Meadows. Current law allows harness and quarter horse
racing associations and fairs to offer wagering on eight
harness or quarter horse races broadcast by satellite on
each day live races are being run. Los Alamitos Race
Course and Sacramento/Cal Expo are the only racetracks that
conduct harness racing and quarter horse racing meets. By
providing for the importation of additional out-of-state
and out-of-country races, this bill would authorize
additional wagering."
Background. In general, in order for a horse to compete in
a horse race in California, the horse must be registered by
the respective breed registry (thoroughbreds, quarter
horses, or standard breds (harness racing)), must be owned
and trained by persons whose licenses are in good standing
with CHRB, and the horse must meet the conditions of the
race. Currently, none of the breed registries for horses
allows cloned horses to be registered.
On March 9, 2009, the American Quarter Horse Association
Board of Directors voted that action on a member proposal
to approve the registration of foals produced by cloning
will be delayed until the 2010 AQHA Annual Convention. In
the interim, the board recommended the appointment of a
task force to continue to seek information and input from
informed sources regarding cloning, and to conduct further
study of, among other things, parentage verification
issues, the implications of cloning on the registration
process, sentiment of the general membership, the impact of
cloning with respect to genetic diseases, and to continue
the effort to educate the general membership regarding
cloning and its potential effect on the breed, the
Association and its members. Rule 227(a) of the AQHA
Official Handbook, a rule that became effective in 2004,
provides that American Quarter Horses produced by any
cloning process are not eligible for registration.
In addition, AB 2048 (Silva), Chapter 439, Statutes of 2008
increased by two (from six to eight) the number of races
that a harness and quarter horse racing association could
import on live racing days from out-of-state and
out-of-country locations. Under current law, however,
there is a limitation on the total number of races that can
be imported, annually, which prohibits harness and quarter
horse racing from taking advantage of the additional two
AB 136 (Silva) continued
Page 4
races per day allowed in AB 2048. By removing that annual
limitation, AB 136 is intended to allow the intent of AB
2048 to be fully implemented.
Arguments in support. According to the sponsor of the
bill, "It is important to maintain the ethical integrity of
horse racing in California. Although no cloned horses
actually run in California, banning the racing of cloned
horses or their offspring will perpetuate the purity of the
"sport of kings".
The Pacific Coast Quarter Horse Racing Association argues
that AB 136 is necessary for the following reasons:
Parents of a cloned foal cannot be verified. When a
foal is born you can not verify if the sire was the
actual horse or a cloned offspring. The industry is
defined on being able to determine the parents.
Protecting the integrity of racing and the betting
pools would be impossible because you would not have
sufficient information regarding the parents of the
racing horse.
Eggs are harvested from expired mares. Up to 200
eggs may be used but out of that number only 1 or 2
embryos will mature. There is no way of knowing which
mare's egg the embryo came from or the exact genetic
material. This will have a negative impact on the gene
pool.
The economics of the industry would be greatly
affected. An individual selling a yearling prospect
could pull cells, harvest them, and be in direct
competition with the individual who purchased the
horse. A stallion owner may clone his stallion and
extract semen from the clone and sell it as the
original. There is no way of determining the
difference between them which would be very destructive
to the economic structure of our industry.
Through the natural breeding process our product has
improved. Cloning would be a reverse process by using
horses from the past and not moving forward and
expanding the gene pool.
Arguments in opposition. Vessels Stallion Farm writes,
"the decisions related to the registration of cloned horses
should be left up to the breed registries, such as AQHA,
Jockey Club (for Thoroughbreds) and others. The AQHA
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Page 5
currently has a rule in place that does not allow the
registry of a cloned horse. If you cannot register a
horse, you cannot race him. As a member of the Stud Book
and Registration Committee with the AQHA, we are currently
studying this and should come up with a decision at our
next convention in Florida in March 2010. Currently, it is
Mr. Vessels' belief that the rule will not be changed from
its current form."
The Biotechnology Industry Organization (BIO) argues that
"this bill is unprecedented, unnecessary and fiscally
irresponsible.
"For over 70 years, the horse racing registration process
has primarily been left to private associations. This
would be the first bill, and thus the only statutory
language, which specifically prohibits a method of
husbandry. We can see no compelling reason for either the
Legislature or the horse racing industry to make such a
radical paradigm shift at this time.
"Currently, none of the three primary registration
organizations register cloned horses. Thus, cloned horses
cannot race in thoroughbred, quarter horse or harness
racing. This bill prohibits a practice that is already
prohibited. While BIO certainly disagrees with the
positions taken by these organizations we nonetheless
respect their autonomy. We also think that any future
developments and changes in breeding practices should be
handled by the organizations that were specifically
designed to address these questions. This process has been
successful for multiple decades and should be allowed to
continue."
PRIOR/RELATED LEGISLATION
AB 2048 (Silva), Chapter 439, Statutes of 2008 . Allows a
harness and quarter horse racing association to import an
additional two races, from six to eight, on live racing
days from out-of-state or out-of-country locations.
SB 1183 (Margett), Chapter 232, Statutes of 2004 .
Authorizes a harness racing association that is conducting
a live race meeting to accept wagers on the full card of
races conducted by another racing association on the day
the other racing association conducts the Breeder's Crown
AB 136 (Silva) continued
Page 6
Stakes, the Meadowlands Pace, the Hambletonian or the North
American Cup.
SB 2035 (Karnette), Chapter 268, Statutes of 2002 . Allows
a harness or Quarter Horse racing association to "bank" up
to two out-of-state or out-of-county imported races on a
specific race day, and then add those races to another race
day's importation schedule.
SUPPORT: As of June 19, 2009:
California Harness Horsemen
Los Alamitos Race Course (sponsor)
Pacific Coast Quarter Horse Racing Association
Thoroughbred Owners of California
OPPOSE: As of June 19, 2009:
Biotechnology Industry Organization
California Coalition Against Gambling Expansion
Geron Corporation
Vessels Stallion Farm
FISCAL COMMITTEE: Senate Appropriations Committee
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