BILL NUMBER: SB 1396	CHAPTERED  09/22/06

	CHAPTER  400
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2006
	PASSED THE SENATE  AUGUST 31, 2006
	PASSED THE ASSEMBLY  AUGUST 28, 2006
	AMENDED IN ASSEMBLY  AUGUST 24, 2006

INTRODUCED BY   Senator Denham

                        FEBRUARY 22, 2006

   An act to amend Section 19518 of, and to add Section 19461.1 to,
the Business and Professions Code, relating to horse racing.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1396, Denham  Horse racing: licensing.
   Existing law sets forth procedures for the application and
granting of a license to conduct horse racing meetings.
   This bill would state that the withdrawal of an application for a
license shall not deprive the California Horse Racing Board of its
authority to institute or continue a proceeding against the applicant
for the denial of the license upon any lawful grounds, or to enter
an order denying the license. The bill would state that the
suspension, expiration, or forfeiture of a license issued by the
board shall not deprive the board of its authority to institute or
continue a disciplinary proceeding against the licensee, as
specified.
   Existing law requires the board to contract with persons licensed
as stewards to perform the duties of stewards at horse racing meets.
Under existing law, stewards and other racing officials, while
performing their official duties, are entitled to the same rights and
immunities granted to public employees. Stewards are not civil
service employees.
   This bill would similarly require the board to contract for
official veterinarians.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 19461.1 is added to the Business and
Professions Code, to read:
   19461.1.  (a) The withdrawal of an application for a license after
it has been filed with the board shall not, unless the board has
consented in writing to the withdrawal, deprive the board of its
authority to institute or continue a proceeding against the applicant
for the denial of the license upon any ground provided by law, or to
enter an order denying the license upon any of those grounds.
   (b) The suspension, expiration, or forfeiture by operation of law
of a license issued by the board, or its suspension, forfeiture, or
cancellation by order of the board or by order of a court of law, or
its surrender without the written consent of the board, shall not,
during any period in which it may be renewed, restored, reissued, or
reinstated, deprive the board of its authority to institute or
continue a disciplinary proceeding against the licensee upon any
ground provided by law, or to enter an order suspending or revoking
the license or otherwise taking disciplinary action against the
licensee on any of those grounds.
  SEC. 2.  Section 19518 of the Business and Professions Code is
amended to read:
   19518.  (a) (1) The board shall contract with persons licensed as
stewards pursuant to this article to perform the duties of stewards
at horse racing meets. The board shall also contract with licensed
veterinarians pursuant to this article to perform the duties of
official veterinarians at horse racing meets. Contracts shall be upon
any terms that the board, the stewards, and the official
veterinarians may mutually agree upon and may contain different rates
of compensation based upon the experience of the steward or official
veterinarian.
   (2) The board shall establish a committee of at least two board
members to meet at least quarterly with representatives of the
stewards, so that recommendations of the stewards can be discussed as
necessary. These meetings may be scheduled the same day as regular
board meetings or at the convenience of the board. Representatives of
associations may attend and participate in these meetings, or
portions thereof, when items directly affecting the associations are
discussed.
   (3) The board shall provide remuneration, including any fringe
benefits, to stewards, to the official veterinarian, and for the
costs of laboratory testing relating to horse racing.
   (b) Stewards, official veterinarians, and other racing officials
appointed or approved by the board, and while performing duties
required by this chapter or by the board, shall be entitled to the
same rights and immunities granted public employees by Article 3
(commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6
of Title 1 of the Government Code.
   (c) The Legislature finds and declares that the services performed
by stewards and official veterinarians at horse racing meetings are
unique and cannot be performed adequately, competently, or
satisfactorily by civil service personnel, and that the services
cannot be adequately rendered by an existing public agency and do not
duplicate the function of an existing public agency. Stewards and
official veterinarians shall be personal service contractors of the
board and shall not be civil service employees.