BILL NUMBER: AB 3074 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 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 19596 Sections
19596 and 19596.2 of the Business and Professions Code,
relating to horse racing, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 3074, as amended, Committee on Governmental Organization. Horse
racing.
Existing law provides that the California Horse Racing Board may
authorize a California harness racing association conducting a live
racing meeting to accept wagers on the full card of races conducted
by another racing association on the day that other association
conducts the Breeder's Crown Stakes, the Meadowlands Pace, the
Hambletonian, or the North American Cup.
This bill would authorize the board to permit a California harness
racing association conducting a live racing meeting to accept wagers
on the full card of races conducted by another racing association on
the day that other association conducts the Kentucky Futurity.
Existing law authorizes a thoroughbred racing association or fair
to distribute the audiovisual signal and accept wagers on the results
of out-of-state thoroughbred races conducted in the United States
during the calendar period the association or fair is conducting a
race meeting, including days on which there is no live racing being
conducted by the association or fair, without the consent of the
organization that represents horsemen participating in the race
meeting and without regard to the amount of purse, provided however,
that the total number of thoroughbred races on which wagers are
accepted statewide in any given year does not exceed the total number
of thoroughbred races on which wagers were accepted in 1998.
Existing law also provides, subject to exceptions, that the total
number of thoroughbred races imported by associations or fairs on a
statewide basis under these provisions not exceed 23 per day on days
when live thoroughbred or fair racing is being conducted in the
state.
This bill would delete the restriction limiting the total number
of thoroughbred races on which wagers are accepted statewide in any
given year to a number not exceeding the total in 1998, as specified.
The bill would also provide that, subject to exceptions, the total
number of thoroughbred races imported by associations or fairs on a
statewide basis under these provisions shall not exceed 32 per day on
days when live thoroughbred or fair racing is being conducted in the
state.
Under existing law, all 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.
This bill would authorize additional wagering, and would increase
correspondingly the amount of continuously appropriated license fees,
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, thereby requiring a 2/3 vote for passage.
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 of the Business and Professions Code is
amended to read:
19596. (a) Notwithstanding any other provision of law, the board
may do any of the following:
(1) Authorize a licensed harness racing association that is
conducting a live racing meeting in this state to accept wagers on
the full card of races conducted by another racing association on the
day that other association conducts the Breeder's Crown Stakes, the
Meadowlands Pace, the Hambletonian, Kentucky Futurity, or the North
American Cup.
(2) Authorize a licensed quarter horse racing association that is
conducting a live racing meeting in this state to accept wagers on
races conducted by the racing association that conducts the American
Quarter Horse Racing Challenge, if the races are conducted on the
same day as the American Quarter Horse Racing Challenge.
(3) Authorize the inclusion of wagers authorized pursuant to this
section in the parimutuel pools of the out-of-state association that
conducts the races on which the wagers are placed.
(b) The board authorization may be granted under this section only
if both 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 enclosure and only
within seven days of the running of the out-of-state race.
SEC. 2. Section 19596.2 of the Business
and Professions Code is amended to read:
19596.2. (a) Notwithstanding any other provision of law and
except as provided in Section 19596.4, a thoroughbred racing
association or fair may distribute the audiovisual signal and accept
wagers on the results of out-of-state thoroughbred races conducted in
the United States during the calendar period the association or fair
is conducting a race meeting, including days on which there is no
live racing being conducted by the association or fair, without the
consent of the organization that represents horsemen participating in
the race meeting and without regard to the amount of purses
, provided that the total number of thoroughbred races on which
wagers are accepted statewide in any given year does not exceed the
total number of thoroughbred races on which wagers were accepted in
1998 . Further, the total number of thoroughbred races
imported by associations or fairs on a statewide basis under this
section shall not exceed 23 32 per day
on days when live thoroughbred or fair racing is being conducted in
the state. The limitation of 23 32
imported races per day does not apply to any of the following:
(1) Races imported for wagering purposes pursuant to subdivision
(c).
(2) Races imported that are part of the race card of the Kentucky
Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes,
the Jockey Club Gold Cup, the Travers Stakes, the Breeders' Cup, the
Dubai Cup, or the Haskell Invitational.
(3) Races imported into the northern zone when there is no live
thoroughbred or fair racing being conducted in the northern zone.
(4) Races imported into the combined central and southern zones
when there is no live thoroughbred or fair racing being conducted in
the combined central and southern zones.
(b) Any thoroughbred association or fair accepting wagers pursuant
to subdivision (a) shall conduct the wagering in accordance with the
applicable provisions of Sections 19601, 19616, 19616.1, and
19616.2.
(c) No thoroughbred association or fair may accept wagers pursuant
to this section on out-of-state races commencing after 7 p.m.,
Pacific standard time, without the consent of the harness or quarter
horse racing association that is then conducting a live racing
meeting in Orange or Sacramento Counties.