BILL NUMBER: AB 3073 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2008
AMENDED IN SENATE AUGUST 13, 2008
INTRODUCED BY Committee on Governmental Organization (Torrico
(Chair), Charles Calderon, Davis, De Leon, Evans, Jeffries, Levine,
Mendoza, Portantino, Price, Soto, and Tran)
MARCH 13, 2008
An act to amend Section 19549 Sections
19406 and 19568 of the Business and Professions Code,
to amend Section 4058 of the Food and Agricultural Code,
and to amend Section 337f of the Penal Code, relating to horse
racing.
LEGISLATIVE COUNSEL'S DIGEST
AB 3073, as amended, Committee on Governmental Organization. Horse
racing.
Existing law provides that the jurisdiction and supervision over
meetings in this state where horse races with wagering on their
results are held or conducted, and over all persons or things having
to do with the operation of such meetings, is vested in the
California Horse Racing Board. This jurisdiction includes
the authority to allocate racing days and weeks to racing
associations and fairs, as provided. Existing law permits the board
to allocate up to 14 racing days to a fair each year, with specified
exceptions, and provides that these 14 days shall be during the
period in which general fair activities are conducted.
This bill would delete the requirement that the racing days be
during the period in which general fair activities are conducted. The
bill would also make conforming changes.
Existing law provides for special races for California-bred
horses, with minimum purse money allocated to those races. Existing
law defines a "California-bred horse" for that purpose.
This bill would require California-sired horses to be included
within the special races designated for California-bred horses, as
specified. This bill would define a "California-sired horse" for that
purpose.
Existing law 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, as
specified.
This bill would add trainers to the list of parties whom a person
may not influence, induce, or conspire with to affect race results.
Existing law 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
California Horse Racing Board.
This bill would instead exempt recognized vitamins or supplemental
feeds approved by or in compliance with the rules and regulations of
the board. The bill would make other technical and nonsubstantive
changes to these provisions.
By expanding the scope of an existing offense, this bill would
impose a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19406 of the
Business and Professions Code is amended to read:
19406. (a) A "California-bred horse" is a foal dropped by a mare
in California after being conceived in California and remaining in
California until the foal is weaned.
(b) A "California-bred thoroughbred" is a horse dropped by a mare
in California after being conceived in California, or any
thoroughbred horse dropped by a mare in California if the mare
remains in California to be next bred to a thoroughbred stallion
standing in California. If the mare cannot be bred for two successive
breeding seasons but remains in California during that period, her
foal shall be considered to be a California-bred thoroughbred.
(c) A "California-bred quarter horse" is a quarter horse foal
conceived in California by a stallion standing in California at the
time of conception.
(d) A "California-bred standardbred horse" is a standardbred foal
conceived in California by a stallion registered with the California
Standardbred Sires Stakes Program.
(e) A "California-bred Appaloosa horse" is a horse dropped by a
mare in California after being conceived in California, or any
Appaloosa horse dropped by a mare in California if the mare remains
in California to be next bred to an Appaloosa stallion standing in
California. If the mare cannot be bred for two successive breeding
seasons but remains in California during that period, her foal shall
be considered to be a California-bred Appaloosa horse.
(f) A "California-bred paint horse" is a registered paint horse
foal conceived in California by a stallion standing in California at
the time of the conception, or by a registered paint horse stallion.
(g) 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.
SEC. 2. Section 19568 of the Business
and Professions Code is amended to read:
19568. (a) Every licensee conducting a horse racing meeting
shall, 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." If, however,
sufficient competition cannot be had among horses of that class on
any day, the race, with the consent of the board, may be eliminated
for that day and a substitute race provided.
(b) For thoroughbred and quarter horse racing only, the total
amount distributed to horsemen and horsewomen for California-bred
and California-sired stakes races, and for races featuring
California-breds upon the approval of the official registering
agency, from the purse account, including overnight stakes, shall be
not less than 10 percent of the total amount distributed for all
stakes races from the purse account, including overnight stakes
races, at that meeting of the racing association licensed to conduct
live racing.
(c) It is the intent of the Legislature that the thoroughbred
racing associations in this state, in conjunction with the official
registering agency, and owners and trainers organizations meet and
report to the board on the establishment of a coordinated
California-bred restricted schedule of stakes races designed to
showcase California-bred restricted stakes races and qualify
registered California-bred horses for the California Cup and the
California Cup Day races. It is also the intent of the Legislature
that the report be submitted to the board annually at least 60 days
prior to the start of the racing year.
SECTION 1. Section 19549 of the Business and
Professions Code is amended to read:
19549. Except as provided in Section 19549.1, the maximum number
of racing days that may be allocated to a fair shall be 14 days each
year. However, any fair racing association that conducted racing in
the central or southern zone prior to January 1, 1980, shall be
entitled to be allocated up to three weeks of racing. The board shall
take public testimony and make all determinations on the allocation
of racing dates during a public hearing. All discussions of
allocating racing dates by the board or its subcommittees shall be
conducted during a public hearing. Nothing in this section diminishes
the authority of the board to establish racing dates.
SEC. 2. Section 4058 of the Food and
Agricultural Code is amended to read:
4058. (a) Notwithstanding Section 4052, the California Exposition
and State Fair, a district agricultural association fair, or county
fair in the northern zone, with the approval of the Department of
Food and Agriculture, may form an entity for conducting combined fair
horse racing meetings and utilize their racing facilities for
conducting horse racing meetings, with parimutuel wagering, on days
other than the days on which general fair activities are conducted.
(b) The association shall designate certain days of a mixed breed
meeting held pursuant to this section as charity days with the
proceeds therefrom to be distributed in accordance with Sections
19550 and 19556 of the Business and Professions Code.
(c) The association shall encourage the racing of emerging breeds
of horses.
SEC. 3. Section 337f of the Penal Code is amended to read:
337f. (a) Any person who does any of the following is punishable
by a fine not exceeding five thousand dollars ($5,000), or by
imprisonment in the state prison or in a county jail not exceeding
one year, or by both that fine and imprisonment:
(1) Influences, or induces, or conspires with, any owner, trainer,
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 by stimulating or depressing a horse through the
administration of any drug to that horse, or by the use of any
electrical device or any electrical equipment or by any mechanical or
other device not generally accepted as regulation racing equipment,
or so stimulates or depresses a horse.
(2) Knowingly enters any horse in any race within a period of 24
hours after any drug has been administered to that horse for the
purpose of increasing or retarding the speed of that horse.
(3) Willfully or unjustifiably enters or races any horse in any
running or trotting race under any name or designation other than the
name or designation assigned to that horse by and registered with
the Jockey Club or the United States Trotting Association or
willfully sets on foot, instigates, engages in or in any way furthers
any act by which any horse is entered or raced in any running or
trotting race under any name or designation other than the name or
designation duly assigned by and registered with the Jockey Club or
the United States Trotting Association.
(b) For purposes of this section, the term "drug" includes all
substances recognized as having the power of stimulating or
depressing the central nervous system, respiration, or blood pressure
of an animal, such as narcotics, hypnotics, benzedrine or its
derivatives, but shall not include recognized vitamins or
supplemental feeds approved by or in compliance with the rules and
regulations or policies of the California Horse Racing Board.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.