Bill Text: CA AB1974 | 2019-2020 | Regular Session | Chaptered
Bill Title: Horse racing: welfare and safety of racehorses and jockeys.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 251, Statutes of 2020. [AB1974 Detail]
Download: California-2019-AB1974-Chaptered.html
Assembly Bill
No. 1974
CHAPTER 251
An act to amend Sections 19440 and 19640 of, and to add Sections 19578.2, 19583.5, 19583.7, 19583.9, 19583.10, 19585, and 19620.3 to, the Business and Professions Code, relating to horse racing, and making an appropriation therefor.
[
Approved by
Governor
September 29, 2020.
Filed with
Secretary of State
September 29, 2020.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1974, Gray.
Horse racing: welfare and safety of racehorses and jockeys.
(1) The Horse Racing Law establishes the California Horse Racing Board within the Business, Consumer Services, and Housing Agency. That law vests the board with all powers necessary and proper to enable it to carry out the Horse Racing Law and makes the board responsible for, among other things, adopting rules and regulations for the protection of the public and the control of horse racing and parimutuel wagering and administration and enforcement of all laws, rules, and regulations affecting horse racing and parimutuel wagering.
This bill would add as a board responsibility the adoption of rules and regulations that protect and advance the health, safety, welfare, and aftercare of racehorses. The bill would require the board to establish and maintain a whistleblower program through which an owner, trainer, jockey, or
stable-area employee may call designated persons under strict confidentiality to report questionable activity or concerns relating to the health and safety of humans or horses under the Horse Racing Law.
(2) The Horse Racing Law also requires the board to adopt regulations to establish policies, guidelines, and penalties relating to equine medication in order to preserve and enhance the integrity of horse racing in the state. That law requires that those policies, guidelines, and penalties include, at a minimum, provisions that prohibit, among other things, a substance of any kind from being administered by any means to a horse after it has been entered to race in a horse race, unless the board has, by regulation, specifically authorized the use of the substance and its quantity and composition. That law provides that violations of this provision, as determined by the board, are punishable as set forth in regulations adopted by the board. A
violation of the Horse Racing Law is a crime.
This bill would prohibit a trainer from administering, directly or indirectly, or otherwise permitting to be administered, any medication to a horse under the trainer’s care that is racing or training at a board-approved racetrack, unless the medication is prescribed for that specific horse and administered strictly in accordance with board regulations. The bill would prohibit a trainer from applying to a horse’s feet on racing day any type of topical medication designed to alleviate pain, soreness, or tenderness of a horse’s feet.
(3) The Horse Racing Law requires every veterinarian who treats a horse within the inclosure to report, in writing, on a form prescribed by the board, to the official veterinarian in a manner prescribed by the official veterinarian, the name of the horse treated, the name of the trainer of the horse, the time of treatment, any
medication administered to the horse, and any other information requested by the official veterinarian.
Existing regulations of the board require that horses that are injured, unsound, or lame are subject to immediate placement on the Veterinarian’s List with criteria for removal that may include diagnostic imaging, examination of blood, and counsel with attending veterinarians and that such a horse is prohibited from working out for 72 hours after being placed on the list without the permission of the official veterinarian. The regulations require the official veterinarian to require any horse placed on the list to undergo a veterinary examination before resuming training at any facility under the jurisdiction of the board. The regulations establish conditions for removal of a horse from the list and provide that a horse determined to be unsound or lame for the first, 2nd, 3rd, or 4th time in a 365-day period is ineligible to be removed from the list for a
specified period of time.
This bill would codify with certain modifications these regulations as to horses determined to be unsound or lame and would authorize the board to adopt rules and regulations to carry out the purposes of these provisions. The bill would also prohibit a thoroughbred or quarter horse that is 4 years of age or older that has not competed in a race or has previously raced but has not raced in the preceding 365 days from racing, unless the horse has passed an examination and a postwork official blood test or tests required by the official veterinarian or the equine medical director, administered by the official veterinarian or the equine medical director’s designee. The bill would require the horse to race within 30 days of meeting these requirements. The bill would also require a thoroughbred or quarter horse that has not raced within 120 days but has raced within 365 days to have an examination performed by the official veterinarian or the
equine medical director’s designee within 14 days before entry, and based upon that examination, the bill would authorize the official veterinarian or the equine medical director’s designee to require the horse to work before being allowed to enter in a race, as specified.
The bill would require that all horses at a licensed thoroughbred, fair, or quarter horse race meet be subject to veterinary monitoring during morning training, as specified, and would require the use of diagnostic imaging as an accepted component of prerace examinations by an examining veterinarian, as specified. The bill would also require a racing association to provide a location within the inclosure where a horse can be observed jogging in a circle in both directions by the official veterinarian or the equine medical director’s designee, if needed, as part of the prerace examination process.
The bill would authorize, at the discretion of track
stewards, the video surveillance of horses that ship in on racing days for purposes of monitoring compliance with the Horse Racing Law.
(4) Existing law establishes the Fair and Exposition Fund for the purpose of allocating moneys to provide financial support for the network of California fairs.
The Horse Racing Law provides that any unallocated balance from the total revenue received by the Department of Food and Agriculture pursuant to that law, except as specified, is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for, among other things, fair projects involving public health and safety and projects that are required to protect fair property. That law also provides that a portion of these funds may be allocated to California fairs for general operational support.
This bill would create the Horse and Jockey Safety and Welfare Account in the State Treasury. The bill would, notwithstanding the above provisions, require that moneys from specified license fees imposed pursuant to the Horse Racing Law be deposited in that account and be continuously appropriated without regard to fiscal years for allocation by the Department of Finance to the board for equine safety measures to improve the integrity and safety of horse racing that include, among other things, contracting for additional state veterinarians, stewards, and infrastructure support related to the safety and welfare of racehorses and jockeys. Because the bill would create the Horse and Jockey Safety and Welfare Account, a continuously appropriated fund, the bill would make an appropriation.
(5) Existing law requires all money representing penalties or fines imposed by the stewards of a horse race meeting to be
collected by the licensee of the meeting and paid to the board, as specified, for deposit in the State Treasury to the credit of the General Fund.
This bill would instead require that all penalty or fine moneys under this provision be deposited by the board in the Horse and Jockey Safety and Welfare Account. The bill would continuously appropriate these moneys, without regard to fiscal years, for allocation by the Department of Finance to the board for horse welfare and safety measures, as described. The bill would require the board to publicly disclose on its internet website the horse welfare and safety measures it funds with these moneys. Because these moneys would be continuously appropriated to the board for specific purposes, this bill would make an appropriation.
(6) By imposing new requirements under the Horse Racing Law, a violation of which would be a crime, the bill would create a
state-mandated local program.
(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 19440 of the Business and Professions Code is amended to read:19440.
(a) The board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of this chapter. Responsibilities of the board shall include, but not be limited to, all of the following:(1) Adopting rules and regulations that protect and advance the health, safety, welfare, and aftercare of racehorses.
(2) Adopting rules and regulations for the protection of the public and the control of horse racing and parimutuel wagering.
(3) Administration and enforcement of all laws, rules, and regulations affecting horse racing and parimutuel wagering.
(4) Adjudication of controversies arising from the enforcement of those laws and regulations dealing with horse racing and parimutuel wagering.
(5) Licensing of each racing association and all persons, other than the public at large, who participate in a horse racing meeting with parimutuel wagering.
(6) Allocation of racing dates to qualified associations in accordance with law.
(b) The board may delegate to stewards appointed pursuant to Article 5 (commencing with Section 19510) any of its powers and duties that are necessary to carry out fully and effectuate the purposes of this chapter.
SEC. 2.
Section 19578.2 is added to the Business and Professions Code, to read:19578.2.
At the discretion of track stewards, horses that ship in on racing days may be subject to video surveillance for purposes of monitoring compliance with this chapter.SEC. 3.
Section 19583.5 is added to the Business and Professions Code, to read:19583.5.
(a) Horses that are unsound or lame are subject to immediate placement on the Veterinarian’s List with criteria for removal that may include diagnostic imaging, examination of blood, and counsel with attending veterinarians.(b) A horse placed on the Veterinarian’s List for being unsound or lame shall not workout for seven days after being placed on the list without the permission of the official veterinarian.
(c) The official veterinarian shall require any horse placed on the Veterinarian’s List to undergo a veterinary examination that may include diagnostic imaging before resuming training at any facility under the jurisdiction of the board.
(d) A horse placed on the Veterinarian’s List as unsound or lame shall be removed from the list only after having established or demonstrated to the satisfaction of the official veterinarian that the horse is then raceably sound and in fit physical condition to exert its best effort in a race.
(e) (1) A horse placed on the Veterinarian’s List as unsound or lame for the first time within a 365-day period shall stay on the Veterinarian’s List for a minimum of 15 days before the horse is eligible to be removed from the list.
(2) A horse placed on the Veterinarian’s List as unsound or lame for the second time in 365 days shall stay on the Veterinarian’s List for a minimum of 45 days before the horse is eligible to be removed from the list.
(3) A horse placed on the Veterinarian’s List as unsound or lame for the third time in 365 days shall stay on the Veterinarian’s List for a minimum of 75 days before the horse is eligible to be removed from the list.
(4) A horse placed on the Veterinarian’s List as unsound or lame for the fourth time in 365 days shall stay on the Veterinarian’s List for a minimum of 180 days before the horse is eligible to be removed from the list.
(f) The board may adopt rules and regulations to carry out the purposes of this section.
(g) As used in this section, “workout” means an exercise session near full speed, or close to full speed.
SEC. 4.
Section 19583.7 is added to the Business and Professions Code, to read:19583.7.
In addition to any criteria set forth by a racing association, a thoroughbred or quarter horse that is four years of age or older that has not competed in a race or has previously raced but has not raced in the preceding 365 days shall not be allowed to race, unless the horse has passed an examination and a postwork official blood test or tests required by the official veterinarian or the equine medical director, administered by the official veterinarian or the equine medical director’s designee. The horse shall race within 30 days after meeting these requirements. A thoroughbred or quarter horse that has not raced within 120 days but has raced within 365 days shall have an examination performed by the official veterinarian or the equine medical director’s designee within 14 days before entry. Based upon that examination, the official veterinarian or the equine medical director’s designee may require the horse to work before being allowed to enter in a race. If the horse is required to work, it shall meet the same requirements as a horse that is working to be taken off the Official Veterinarian’s List, as specified in Section 19583.5 or any regulation adopted by the board pursuant to that section.SEC. 5.
Section 19583.9 is added to the Business and Professions Code, to read:19583.9.
(a) All horses at a licensed thoroughbred, fair, or quarter horse race meet shall be subject to veterinary monitoring during morning training. A licensed trainer and their staff shall be required to cooperate fully with all requests made by board-licensed veterinarians and outriders. All examining veterinarians at a race meet conducting live racing shall be under the direct supervision of the official veterinarian or the equine medical director.(b) A trainer shall not administer, directly or indirectly, or otherwise permit to be administered, any medication to a horse under the trainer’s care that is racing or training at a board-approved racetrack, unless the medication is prescribed for that specific horse and administered strictly in
accordance with board regulations.
(c) A trainer shall not apply to a horse’s feet on racing day any type of topical medication designed to alleviate pain, soreness, or tenderness of a horse’s feet.
(d) The use of diagnostic imaging shall be an accepted component of prerace examinations by an examining veterinarian. The official veterinarian may order the diagnostic imaging if they believe that the use is warranted. In addition, video footage may be used and maintained by the official veterinarian for the purpose of comparison when a horse is removed from the Veterinarian’s List.
SEC. 6.
Section 19583.10 is added to the Business and Professions Code, to read:19583.10.
A racing association shall provide a location within the inclosure where a horse can be observed jogging in a circle in both directions by the official veterinarian or the equine medical director’s designee, if needed, as part of the prerace examination process.SEC. 7.
Section 19585 is added to the Business and Professions Code, to read:19585.
The board shall establish and maintain a whistleblower program through which an owner, trainer, jockey, or stable-area employee may call designated persons under strict confidentiality to report questionable activity or concerns relating to the health and safety of humans or horses under this chapter.SEC. 8.
Section 19620.3 is added to the Business and Professions Code, to read:19620.3.
The Horse and Jockey Safety and Welfare Account is hereby created in the State Treasury. Notwithstanding Sections 19606.1, 19616.51, 19620, 19620.1, and 19632, Section 13340 of the Government Code, or any other law, moneys from license fees imposed pursuant to Article 3 (commencing with Section 19460) shall be deposited in the Horse and Jockey Safety and Welfare Account and be continuously appropriated without regard to fiscal years for allocation by the Department of Finance to the board for equine safety measures to improve the integrity and safety of horse racing that shall include, but are not limited to, contracting for additional state veterinarians, stewards, and infrastructure support related to the safety and welfare of racehorses and jockeys.SEC. 9.
Section 19640 of the Business and Professions Code is amended to read:19640.
All money representing penalties or fines imposed by the stewards of a horse race meeting shall be collected by the licensee of the meeting and paid to the board within 10 business days after its close, and the board shall deposit all those moneys in the Horse and Jockey Safety and Welfare Account established pursuant to Section 19620.3, and be continuously appropriated without regard to fiscal years for allocation by the Department of Finance to the board for horse welfare and safety measures. The board shall publicly disclose on its internet website the horse welfare and safety measures it funds with these moneys. For purposes of this section, horse welfare and safety measures shall include all of the following:(a) Contracting for additional state veterinarians.
(b) Adding additional stewards.
(c) Improving or adding race track infrastructure to directly improve the safety and welfare of horses and riders.
