BILL NUMBER: SB 1825 CHAPTERED 09/08/00 CHAPTER 342 FILED WITH SECRETARY OF STATE SEPTEMBER 8, 2000 APPROVED BY GOVERNOR SEPTEMBER 6, 2000 PASSED THE SENATE AUGUST 18, 2000 PASSED THE ASSEMBLY AUGUST 10, 2000 AMENDED IN ASSEMBLY JUNE 2, 2000 INTRODUCED BY Senator Kelley FEBRUARY 24, 2000 An act to add Section 19616.51 to the Business and Professions Code, relating to horse racing, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 1825, Kelley. Horse racing: minimum license fees. Existing law authorizes parimutuel wagering on horse races to be conducted in this state, as specified, subject to regulation by the California Horse Racing Board, and from the amount handled in parimutuel pools requires the deduction and distribution of license fees payable to the state that vary according to the breed of horse being raced, whether the wager is placed at the track of an association or fair, a satellite facility, or an out-of-state betting system, and other factors as specified. Existing law requires that all license fees payable to the state from horse racing be deposited within specified accounts of the Fairs and Exposition Fund, and provides for the distribution of moneys in this fund for various regulatory and general governmental purposes, including continuous appropriations for the benefit of the network of California fairs and transfers to the General Fund, as specified. This bill would provide that notwithstanding any other provision of law, if the total amount paid to the state by racing associations and fairs pursuant to the Horse Racing Law is less than $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 shortfall shall remit to the state, on a pro rata basis according to the amount handled in-state by each association or fair, the amount necessary to bring the total amount paid to the state to $40,000,000. The bill would provide that amounts due under this section 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. By imposing a minimum license fee level on the live racing industry as a whole, this bill would increase the amount of continuously appropriated license fees payable to the state, thereby making an appropriation. This bill would also result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIII A of the California Constitution, and therefore requires a 2/3 vote for passage. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 19616.51 is added to the Business and Professions Code, to read: 19616.51. Notwithstanding any other provision of law, if the total amount paid to the state 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 shortfall shall remit to the state, on a pro rata basis according to the amount handled in-state by each association or fair, the amount necessary to bring the total amount paid to the state 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.