BILL NUMBER: AB 3073	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 13, 2008

INTRODUCED BY   Committee on Governmental Organization (Torrico
(Chair), Charles Calderon, Davis, De Leon, Evans, Jeffries, Levine,
Mendoza, Portantino, Price, Soto, and Tran)

                        MARCH 13, 2008

   An act to amend Section 19549 of the Business and Professions
Code,   and  to amend Section 4058 of the Food and
Agricultural Code,   and to a   mend Section 337f of the
Penal Code,   relating to horse racing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 3073, as amended, Committee on Governmental Organization. Horse
racing  : racing days  .
   Existing law provides that the jurisdiction and supervision over
meetings in this state where horse races with wagering on their
results are held or conducted, and over all persons or things having
to do with the operation of such meetings, is vested in the
California Horse Racing Board. This jurisdiction includes the
authority to allocate racing days and weeks to racing associations
and fairs, as provided. Existing law permits the board to allocate up
to 14 racing days to a fair each year, with specified exceptions,
and provides that these 14 days shall be during the period in which
general fair activities are conducted.
   This bill would delete the requirement that the racing days be
during the period in which general fair activities are conducted. The
bill would also make conforming changes. 
   Existing law makes it an offense for any person to influence,
induce, or conspire with any owner, jockey, groom, or other person
associated with or interested in any stable, horse, or race in which
a horse participates, to affect the result of that race, as
specified.  
   This bill would add trainers to the list of parties whom a person
may not influence, induce, or conspire with to affect race results.
 
   Existing law forbids, among other things, the administration of
drugs to a horse to affect race results, but exempts from the
definition of drugs for this purpose recognized vitamins or
supplemental feeds approved by the veterinarian representing the
California Horse Racing Board.  
   This bill would instead exempt recognized vitamins or supplemental
feeds approved by or in compliance with the rules and regulations of
the board. The bill would make other technical and nonsubstantive
changes to these provisions.  
   By expanding the scope of an existing offense, this bill would
impose a state-mandated local program.  
   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:  no
  yes  . State-mandated local program:  no
  yes  .


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

  SECTION 1.  Section 19549 of the Business and Professions Code is
amended to read:
   19549.  Except as provided in Section 19549.1, the maximum number
of racing days that may be allocated to a fair shall be 14 days each
year. However, any fair racing association that conducted racing in
the central or southern zone prior to January 1, 1980, shall be
entitled to be allocated up to three weeks of racing. The board shall
take public testimony and make all determinations on the allocation
of racing dates during a public hearing. All discussions of
allocating racing dates by the board or its subcommittees shall be
conducted during a public hearing. Nothing in this section diminishes
the authority of the board to establish racing dates.
  SEC. 2.  Section 4058 of the Food and Agricultural Code is amended
to read:
   4058.  (a) Notwithstanding Section 4052, the California Exposition
and State Fair, a district agricultural association fair, or county
fair in the northern zone, with the approval of the Department of
Food and Agriculture, may form an entity for conducting combined fair
horse racing meetings and utilize their racing facilities for
conducting horse racing meetings, with parimutuel wagering, on days
other than the days on which general fair activities are conducted.
   (b) The association shall designate certain days of a mixed breed
meeting held pursuant to this section as charity days with the
proceeds therefrom to be distributed in accordance with Sections
19550 and 19556 of the Business and Professions Code.
   (c) The association shall encourage the racing of emerging breeds
of horses.
   SEC. 3.    Section 337f of the   Penal Code
  is amended to read: 
   337f.   (a)    Any person  : (a)
    Who influences,  
who does any of the following is punishable by a fine not exceeding
five thousand dollars ($5,000), or by imprisonment in the state
prison or in a county jail not exceeding one year, or by both that
fine and imprisonment: 
    (1)     Influences,  or induces, or
conspires with, any owner,  trainer,  jockey, groom  ,
 or other person associated with or interested in any stable,
horse, or race in which a horse participates, to affect the result of
 such   that  race by stimulating or
depressing a horse through the administration of any drug to 
such   that  horse, or by the use of any
electrical device or any electrical equipment or by any mechanical or
other device not generally accepted as regulation racing equipment,
 or 
    (b)     Who so
  or  so stimulates or depresses a horse  ,
or   .  
   (c) Who knowingly 
    (2)     Knowingly  enters any horse in
any race within a period of 24 hours after any drug has been
administered to  such   that  horse for the
purpose of increasing or retarding the speed of  such horse,
is punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in the state prison, or in a county jail
not exceeding one year, or by both such fine and imprisonment, or
  that horse.  
   (d) Who willfully 
    (3)     Willfully  or unjustifiably
enters or races any horse in any running or trotting race under any
name or designation other than the name or designation assigned to
 such   that  horse by and registered with
the Jockey Club or the United States Trotting Association or 
who  willfully sets on foot, instigates, engages in or in
any way furthers any act by which any horse is entered or raced in
any running or trotting race under any name or designation other than
the name or designation duly assigned by and registered with the
Jockey Club or the United States Trotting Association  is
guilty of a felony and punishable by imprisonment in the state
prison, or by a fine not exceeding five thousand dollars ($5,000) or
by both such fine and imprisonment  . 
   The 
    (b)     For purposes of this section, the
 term "drug" includes all substances recognized as having the
power of stimulating or depressing the central nervous system,
respiration, or blood pressure of an animal, such as narcotics,
hypnotics, benzedrine or its derivatives, but shall not include
recognized vitamins or supplemental feeds approved by  the
veterinarian representing the California Racing Board  
or in compliance with the rules and regulations or policies of the
  California Horse Racing Board  .
   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.