BILL NUMBER: AB 136	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Silva

                        JANUARY 20, 2009

   An act to amend Section 19596.1 of the Business and Professions
Code, relating to horse racing, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 136, as introduced, Silva. Horse racing: harness or quarter
horse races: imported races.
   Under existing law, the California Horse Racing Board is
authorized to permit a harness or quarter horse association
conducting a race meeting to accept wagers on the results of
out-of-state or out-of-country harness or quarter horse races, and
certain other designated harness or quarter horse races, if specified
conditions are met. One of these conditions is that, 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 which is not racing, subject to the
limitation that the total number of harness or quarter horse races
imported in a calendar year does not exceed the number of night races
imported in 1998 after 5:30 p.m.
   This bill would delete that limitation regarding the total number
of harness or quarter horse races imported in a calendar year.
   Under existing law, revenues distributed to the state as license
fees from horse racing are required to be deposited in the Fair and
Exposition Fund and are continuously appropriated to the Department
of Food and Agriculture for various regulatory and general
governmental purposes.
   By deleting a limitation on imported races, this bill would
authorize additional wagering, and would increase the amount of
continuously appropriated license fees, thereby making an
appropriation.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 19596.1 of the Business and Professions Code is
amended to read:
   19596.1.  (a) Notwithstanding any other provision of law, the
board may authorize a harness or quarter horse association conducting
a race meeting to accept wagers on the results of out-of-state or
out-of-country harness or quarter horse races and, with the board's
approval and with the concurrence of the horsemen's organization
contracting with the association, other designated harness or quarter
horse races during the period it is conducting the racing meeting,
if all of the following conditions are met:
   (1) The authorization complies with federal laws, including, but
not limited to, Chapter 57 (commencing with Section 3001) of Title 15
of the United States Code.
   (2) Wagering is offered only within the racing inclosure and only
within 36 hours of the running of the out-of-state feature race.
   (3) The association conducts at least seven live races, and
imports not more than eight races on those days during a racing
meeting when live races are being run, except as provided in
subdivision (b).
   (4) If only one breed of horse specified in this section is being
raced on a given day, then the association conducting the live racing
may import those races which would otherwise be simulcast by the
association which is not racing  ,  
provided that the total number of harness or quarter horse races
imported in a calendar year does not exceed the number of night races
imported in 1998 after 5:30 p.m  . After the usual
deductions, including the portion for the racing association, the
portion remaining for purses from these races shall be distributed
equally for purses for harness horsemen and quarter horse horsemen.
   (5) No quarter horse or harness racing association shall accept
wagers on out-of-state or out-of-country quarter horse or harness
races commencing before 5:30 p.m., Pacific standard time, without the
consent of any thoroughbred association or fair that is then
conducting a live racing meeting in this state.
   (b) An association that is authorized to import races pursuant to
subdivision (a) may, at its sole discretion, import fewer than the
maximum number of harness or quarter horse races authorized in
paragraph (3) of subdivision (a). For up to two races per night, for
each race that is not imported under the maximum authorized by
paragraph (3) of subdivision (a) on a particular night of racing, the
association may add a race to the number of races allowable under
the maximum authorization on another night of racing. However, no
more than two races may be added under this subdivision to the number
allowable on a single night, and the total number of imported races
over a calendar year may not exceed the total number of imported
races authorized pursuant to paragraphs (3) and (4) of subdivision
(a).