BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 136|
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THIRD READING
Bill No: AB 136
Author: Silva (R)
Amended: 6/1/09 in Senate
Vote: 27 - Urgency
SENATE GOVERNMENTAL ORG. COMMITTEE : 9-0, 6/23/09
AYES: Wright, Harman, Benoit, Denham, Negrete McLeod,
Oropeza, Padilla, Price, Wiggins
NO VOTE RECORDED: Calderon, Florez, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 72-0, 5/14/09 - See last page for vote
SUBJECT : Horse racing: cloned horses: imported harness
or quarter
horse races
SOURCE : Los Alamitos Race Course
DIGEST : This bill 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. This bill 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.
ANALYSIS :
CONTINUED
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Existing law:
1. Provides that the California Horse Racing Board (CHRB)
regulate the various forms of horse racing authorized in
this state.
2. 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 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.
3. 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.
4. 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.
5. 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.
6. Recognizes the Jockey Club of New York as the official
registering agency for Thoroughbred horses.
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 breeds (harness racing)), must be owned and
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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 the American Quarter Horse
Association (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
races per day allowed in AB 2048. By removing that annual
limitation, this bill is intended to allow the intent of AB
2048 to be fully implemented.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/6/09)
Los Alamitos Race Course (source)
California Harness Horsemen
Pacific Coast Quarter Horse Racing Association
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Thoroughbred Owners of California
OPPOSITION : (Verified 7/6/09)
Biotechnology Industry Organization
California Coalition Against Gambling Expansion
Geron Corporation
Vessels Stallion Farm
ARGUMENTS IN SUPPORT : According to Los Alamito Race
Course, the sponsor of this 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 this bill is necessary for the following
reasons: (1) 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; (2)
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; (3)
eggs are harvested from expired mares. Up to 200 eggs may
be used but out of that number only one or two 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; (4) 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; and (5) 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,
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Jockey Club (for Thoroughbreds) and others. The AQHA
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."
ASSEMBLY FLOOR :
AYES: Adams, Anderson, Arambula, Beall, Bill Berryhill,
Tom Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Duvall, Emmerson, Evans, Feuer, Fletcher, Fong, Fuller,
Furutani, Galgiani, Garrick, Gilmore, Hagman, Hall,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Krekorian, Lieu, Logue, Bonnie
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Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Silva, Skinner,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines
NO VOTE RECORDED: Ammiano, Eng, Fuentes, Gaines, Saldana,
Smyth, Yamada, Bass
TSM:do 7/6/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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