BILL NUMBER: AB 2258	CHAPTERED  09/27/08

	CHAPTER  453
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  JULY 10, 2008
	PASSED THE ASSEMBLY  AUGUST 7, 2008
	AMENDED IN SENATE  JULY 2, 2008
	AMENDED IN ASSEMBLY  APRIL 3, 2008

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 21, 2008

   An act to amend Section 19616.51 of the Business and Professions
Code, relating to horse racing, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2258, Evans. Horse racing: license fees: shortfalls: pro rata
assessment.
   Existing law, the Horse Racing Law, provides that if the total
amount paid to the state by racing associations and fairs is less
than $40,000,000 in any calendar year, all associations and fairs
that conducted live racing during the year of the shortfall are
required to remit certain amounts, on a pro rata basis according to
the amount handled in-state by each association or fair, in order to
attain that $40,000,000 total.
   This bill would specify instead that if the total amount paid to
the state as license fees by racing associations and fairs is less
than $40,000,000 in any calendar year, all associations and fairs
that conducted live racing during the year of the shortfall shall
remit to the state, on a pro rata basis according to the amount paid
as license fees by each association or fair, the amount necessary to
bring the total amount paid to the state as license fees to
$40,000,000.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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

  SECTION 1.  Section 19616.51 of the Business and Professions Code
is amended to read:
   19616.51.  Notwithstanding any other provision of law, if the
total amount paid to the state as license fees by racing associations
and fairs pursuant to this chapter is less than forty million
dollars ($40,000,000) in any calendar year, beginning January 1,
2001, and thereafter, all associations and fairs that conducted live
racing during the year of the shortfall shall remit to the state, on
a pro rata basis according to the amount paid as license fees by each
association or fair, the amount necessary to bring the total amount
paid to the state as license fees to forty million dollars
($40,000,000). The amounts due under this section, if any, shall be
paid from the amount available for commissions, purses, and breeder
awards, and shall be paid to the board prior to March 1 of the year
following the year of the shortfall.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure that the California Horse Racing Board can
properly account for, and collect all license fees paid to, the state
by racing associations and fairs in the 2008 calendar year and
collect any shortfall due from the 2008 horse racing season by March
1, 2009, in compliance with statute, it is necessary for this act to
take effect immediately.