Amended in Senate March 1, 2016

Amended in Senate February 10, 2016

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 558


Introduced by Assembly Member Low

begin insert

(Coauthors: Assembly Members Gray and Linder)

end insert
begin insert

(Coauthors: Senators Fuller, Gaines, and Huff)

end insert

February 23, 2015


An act to amend Section 19533.5 of the Business and Professions Code, relating to horse racing, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 558, as amended, Low. Horse racing: nonthoroughbred races.

(1) The Horse Racing Law generally requires that any license granted to an association other than a fair is only for one type of racing, thoroughbred, harness, or quarter horse racing, as the case may be, except that the California Horse Racing Board may authorize the entering of thoroughbred and Appaloosa horses in quarter horse races at a distance not exceeding 5 furlongs at quarter horse meetings, mixed breed meetings, and fair meetings under specified conditions. That law, notwithstanding these provisions, empowers the board to authorize mixed breed racing that sanctions, among other things, either an association to conduct a quarter horse meeting to include Appaloosa races and Arabian races with the consent of the quarter horse horsemen’s organization or a race between a quarter horse and a thoroughbred horse at a thoroughbred meeting with the consent of the thoroughbred horsemen’s organization, if each contracts with the association with respect to the conduct of the racing meeting.

This bill would empower the board to authorize an association licensed to conduct a thoroughbred race meeting to include up to 6 nonthoroughbred races per calendar year with the consent of the organization representing thoroughbred horsemen and horsewomen, provided, however, that a nonthoroughbred race shall not be held when a fair in the northern zone is conducting a race meeting without that fair’s consent. Amounts deducted and distributed pursuant to the Horse Racing Law from wagering on nonthoroughbred races authorized pursuant to these provisions would be required to be deducted and distributed as if the wagers were placed on a thoroughbred race. By expanding the 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.

(2) 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.

(3) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 19533.5 of the Business and Professions
2Code
is amended to read:

3

19533.5.  

(a) Notwithstanding Section 19533, the board may
4authorize the following mixed breed racing:

5(1) An association licensed to conduct a quarter horse meeting
6to include Appaloosa races and Arabian races with the consent of
7the quarter horse horsemen’s organization contracting with the
8association with respect to the conduct of the racing meeting.

9(2) A race between a quarter horse and a thoroughbred horse at
10a thoroughbred meeting with the consent of the thoroughbred
11horsemen’s organization contracting with the association with
12respect to the conduct of the racing meeting.

P3    1(b) Notwithstanding Section 19533, an association licensed to
2conduct quarter horse racing or a fair may conduct races that
3include paint horses racing with quarter horses or Appaloosa horses
4in the same race. When paint horses race with quarter horses, the
5consent of the organization that represents quarter horse horsemen
6and horsewomen shall first be obtained. A quarter horse association
7may write a race for paint horses only to replace an Appaloosa or
8Arabian race without increasing the average number of races run
9per race day with the consent of the organization representing the
10quarter horsemen and horsewomen.

11(c) A quarter horse race with seven or more entries shall not be
12replaced by a race that includes paint horses, without the consent
13of the organization that represents quarter horse horsemen and
14horsewomen.

15(d) Notwithstanding any other law, a quarter horse racing
16association or fair conducting barrel racing, paint horse racing,
17show jump racing, or steeplechase racing shall pay to the quarter
18horsemen’s organization the amount specified in Section 19613
19for purposes of representing the horsemen and horsewomen
20conducting these races.

21(e) Notwithstanding Section 19533, the board may authorize
22an association licensed to conduct a thoroughbred race meeting to
23include up to six nonthoroughbred races per calendar year with
24the consent of the organization representing thoroughbred
25horsemen and horsewomen, provided, however, that a
26nonthoroughbred race shall not be held when a fair in the northern
27zone is conducting a race meeting without that fair’s consent.
28begin delete Amountsend deletebegin insert Notwithstanding subdivision (b) of Section 19617.8,
29amountsend insert
deducted and distributed pursuant to this chapter from
30wagering on nonthoroughbred races authorized pursuant to this
31section shall be deducted and distributed as if the wagers were
32placed on a thoroughbred race.

33

SEC. 2.  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.

3

SEC. 3.  

This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:

7In order to ensure that the horse racing industry may continue
8to offer the highest level of racing possible and promote horse
9racing in California, it is necessary that this act take effect
10immediately.



O

    96