AB 1074, as amended, Atkins. Horse racing: thoroughbred racing.
Existing law, the Horse Racing Law, authorizes the California Horse Racing Board to make allocations of racing weeks, as it deems appropriate, and, for thoroughbred racing, establishes a maximum of 44 weeks per year of racing weeks in the northern zone, a maximum of 42 weeks per year in the central zone, and a maximum of 7 weeks per year in the southern zone. A violation of the Horse Racing Law is a crime.
This bill would instead establish a maximum of 49 weeks per year in the combined central and southern zones. The bill would also require the board to allocate from those weeks a minimum number of weeks to certain racetracks in the central and southern zones that were used to conduct thoroughbred race meetings prior to 2012. Because a violation of those provisions would be a crime, this bill would impose a state-mandated local program.
Existing law provides that, except as specified, if a venue licensed to conduct thoroughbred racing in the central zone in 2008 is not available for racing in 2009 or thereafter, the dates formerly allocated to that venue shall be available for allocation by the board, and further provides that, if a racetrack located in the central zone is not available for use by a thoroughbred association that was licensed to conduct a live race meet at that racetrack in 2009, the board is authorized to allocate racing dates to that association to be operated at a racetrack in the central zone or southern zone for racing in 2010 or thereafter.
This bill would repeal those provisions.
Existing law, operative until January 1, 2014, authorizes thoroughbred racing associations, fairs, and the organization responsible for contracting with thoroughbred racing associations and fairs with respect to the conduct of racing meetings, to form a private, statewide marketing organization to market and promote thoroughbred and fair horse racing. If a marketing organization is formed, existing law requires an amount not to exceed 0.25% of the total amount handled by each satellite wagering facility to be distributed to the marketing organization, and imposes certain requirements on the marketing organization, including that the marketing organization annually submit certain information to the California Horse Racing Board. Violations of the Horse Racing Law are generally misdemeanors.
This bill would extend the operation of those provisions to January 1, 2015. By extending those provisions of the Horse Racing Law, a violation of which is a crime, the bill would create new crimes and would thereby impose a state-mandated local program.
This bill would make conforming changes to specified provisions in order to update
begin delete cross
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 19531 of the Business and Professions
2Code is amended to read:
(a) The board shall make allocations of racing weeks,
4including simultaneous racing between zones, as it deems
5appropriate. The maximum number of racing weeks that may be
6allocated for horse racing other than at fairs, shall be as follows:
7(1) For thoroughbred racing: 44 weeks per year in the northern
8zone; and 49 weeks per year in the combined central and southern
10(2) For harness racing: 25 weeks per year in the northern zone.
11(3) For quarter horse racing: 25 weeks per year in the northern
13(4) For harness racing and quarter horse racing: a total of 77
14weeks per year in the combined central and southern zones.
15(b) In its written application for a license, an applicant shall
16state the time of day, consistent with this chapter, during which it
17will conduct its racing meeting, and particularly the first race
18starting time for the various racing days. After receiving a license,
19a licensee shall not change the first race starting time without
20securing prior approval of the board.
21(c) Notwithstanding this section or any other provision in this
22chapter, the following provisions apply:
23(1) From the weeks available in the combined central and
24southern zones pursuant to subdivision (a), the board shall allocate
25a minimum of seven weeks per year to a thoroughbred racing
26association to conduct thoroughbred racing at a racetrack that was
27used to conduct a thoroughbred race meeting in the southern zone
28prior to 2012.
29(2) The board shall not allocate dates to a thoroughbred
30association in the central zone for the purpose of conducting racing
begin delete during daytime hoursend delete if a thoroughbred racing association is
32conducting racing in the southern zone on the same date during
P4 1(3) From the weeks available in the combined central and
2southern zones pursuant to subdivision (a), the board shall allocate
3a minimum of 25 weeks per year to a thoroughbred racing
4association to conduct thoroughbred racing at a racetrack that was
5used to conduct a thoroughbred race meeting in the central zone
6prior to 2012.
7(4) The board shall not allocate dates to a thoroughbred
8association in the southern zone for the purpose of conducting
begin delete during daytime hoursend delete if a thoroughbred racing association
10is conducting racing in the central zone on the same date during
Section 19532.1 of the Business and Professions Code
13 is repealed.
Section 19532.2 of the Business and Professions Code
15 is repealed.
Section 19549.2 of the Business and Professions Code
17 is amended to read:
From the weeks available for harness and quarter
19horse racing pursuant to paragraph (4) of subdivision (a) of Section
2019531, the board may allocate a maximum of 12 weeks of harness
21racing to the 22nd District Agricultural Association to be conducted
22on the 22nd District Agricultural Association grounds. The racing
23shall be conducted by a person other than the 22nd District
Section 19549.6 of the Business and Professions Code
26 is amended to read:
Notwithstanding paragraph (2) of subdivision (a) of
28Section 19531 and Sections 19540, 19546, and 19549, the board
29may allocate additional weeks of harness racing to the California
30Exposition and State Fair in Sacramento or its lessee, to be raced
31at the California Exposition and State Fair in Sacramento.
Section 19549.7 of the Business and Professions Code
33 is amended to read:
Notwithstanding paragraph (3) of subdivision (a) of
35Section 19531 and Section 19549, the board may allocate additional
36weeks of quarter horse racing to a lessee of the California
37Exposition and State Fair in Sacramento to be raced at the
38California Exposition and State Fair in Sacramento.
Section 19549.9 of the Business and Professions Code
40 is amended to read:
Notwithstanding paragraph (4) of subdivision (a) of
2Section 19531 and Section 19549, the board may allocate up to
310 additional weeks of harness racing to the Los Angeles County
4Fair, or its lessee, to be raced at the fairgrounds in Pomona.
Section 19605.73 of the Business and Professions
6Code is amended to read:
(a) Thoroughbred racing associations, fairs, and the
8organization responsible for contracting with thoroughbred racing
9associations and fairs with respect to the conduct of racing
10meetings, may form a private, statewide marketing organization
11to market and promote thoroughbred and fair horse racing,
12including, but not limited to, the establishment and maintenance
13of an Internet Web site featuring California thoroughbred and fair
14racing, the establishment and administration of players incentive
15programs for those who wager on thoroughbred association and
16fair races, and promotional activities at satellite wagering facilities
17to increase their attendance and handle. While the promotional
18activities at satellite wagering facilities shall be funded by the
19marketing organization, they shall be implemented and coordinated
20by representatives of the satellite wagering facilities and the
21thoroughbred racing associations or fairs then conducting a live
22race meet. The organization shall consist of the following members:
23two members, one from the northern zone and one from the
24combined central and southern zones, appointed by the
25thoroughbred racetracks; two members, one from the northern
26zone and one from the combined central and southern zones,
27appointed by the owners’ organization responsible for contracting
28with associations and fairs with respect to the conduct of racing
29meetings; and two members, one from the northern zone and one
30from the combined central and southern zones, appointed by the
31organization representing racing and satellite fairs.
32(b) The marketing organization
formed pursuant to subdivision
33(a) shall, by November 1 of each year, submit a written report to
34the board on a statewide marketing and promotion plan for the
35upcoming calendar year. In addition, the organization shall annually
36present to the board at the board’s November meeting a verbal
37report on the statewide marketing and promotion plan for the
38upcoming calendar year. The plan shall be implemented as
39determined by the organization. The organization shall receive
P6 1input from all interested industry participants and may utilize
3(c) In addition to the distributions specified in subdivisions (a)
4and (b) of Section 19605.7, subdivisions (a) and (b) of Section
519605.71, and Section 19605.72, for thoroughbred and fair
6meetings only, from the amount that would normally be available
7for commissions and purses, an amount not to exceed 0.25 percent
8of the total amount handled by each satellite wagering facility shall
9be distributed to the marketing organization formed pursuant to
10subdivision (a) for the purposes set forth therein. The amounts
11initially distributed to the marketing organization formed pursuant
12to subdivision (a) shall be 0.2 percent of the total amount handled
13by satellite wagering facilities for thoroughbred and fair meetings
14only. The amount distributable to the marketing organization may
15be adjusted by the board, in its discretion. However, the adjusted
16amounts may not exceed an aggregate of 0.25 percent of the total
17amount handled by satellite wagering facilities for thoroughbred
18and fair meetings only. Any of the promotion funds that are not
19expended in the year in which they are collected may be expended
20in the following year. If promotion funds expended in any one
21year exceed the amount collected for that year, the funds expended
22in the following year shall be reduced by the excess amount. The
23marketing organization, on a quarterly basis, shall submit to the
24board a written report that accounts for all receipts and expenditures
25of the promotion funds for the previous three months.
26(d) This section shall remain in effect only until January 1, 2015,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before January 1, 2015, deletes or extends that date.
29 Any moneys held by the organization shall, in the event this section
30is repealed, be distributed to the organization formed pursuant to
31Section 19608.2, for purposes of that section.
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P7 1the meaning of Section 6 of Article XIII B of the California