BILL NUMBER: AB 763 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 9, 2009
AMENDED IN SENATE JUNE 2, 2009
INTRODUCED BY Assembly Member Chesbro
(Coauthor: Senator Wiggins)
FEBRUARY 26, 2009
An act to amend Section 19601.2 of, and to add Section
19596.21 to , the Business and Professions Code, relating
to horse racing, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 763, as amended, Chesbro. Horse racing: Humboldt County Fair.
Existing
(1) Existing law provides for the
operation of live horse racing by associations and fairs, and for
wagering thereon, and for the operation of satellite wagering
facilities, subject to regulation and oversight by the California
Horse Racing Board, as specified.
This bill would, during calendar periods when a thoroughbred
association or fair in the northern zone and the Humboldt County Fair
simultaneously conduct live race meetings, permit the Humboldt
County Fair and a thoroughbred association in the southern zone when
conducting a live race meeting to accept wagers on the result of not
more than 8 out-of-state thoroughbred horse races in addition to
those already authorized in law, if specified conditions are met.
(2) Existing law provides that when the San Mateo County Fair, or
any other fair or thoroughbred association, and the Humboldt County
Fair simultaneously conduct race meetings in the northern zone, the
San Mateo County Fair, or other fair or thoroughbred association, is
authorized to distribute the signal and accept wagers on out-of-zone,
out-of-state, and out-of-country races if it complies with specified
conditions. Existing law requires, for the period in which both
fairs are conducting race meetings, the San Mateo County Fair, or
other fair or thoroughbred association, to distribute to the Humboldt
County Fair, from and to the extent of license fees generated from
the total handle, 0.75% of the out-of-zone, out-of-state, and
out-of-country handle, and requires the San Mateo County Fair, or
other fair or thoroughbred association, to distribute the remaining
amount by retaining 50% and distributing it equally as commissions
and purses with the other 50% being paid to the state as a license
fee. Existing law provides similar provisions for the Fresno District
Fair as are applied to the Humboldt County Fair.
This bill would delete those provisions relating to the Fresno
District Fair, and, with respect to the provisions relating to the
distribution of the signal and acceptance of wagers, would delete the
reference to the San Mateo County Fair, leaving those other
provisions applicable if any other fair or thoroughbred association
and the Humboldt County Fair simultaneously conduct race meetings.
The bill, with respect to the provisions relating to the distribution
to the Humboldt County Fair, would also delete the reference to the
San Mateo County Fair, would require that distribution to the
Humboldt County Fair from and to the extent of commissions and purses
generated from the total handle, and would delete obsolete language
pertaining to the distribution of excess license fees.
This
(3) This bill would declare that
it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19596.21 is added to the Business and
Professions Code, to read:
19596.21. (a) In addition to the authorizations to accept wagers
on out-of-state and out-of-country races pursuant to Sections 19596.2
and 19596.3 and in any other provision of law, during calendar
periods when a thoroughbred association or another fair in the
northern zone and the Humboldt County Fair simultaneously conduct
live race meetings, the Humboldt County Fair and a thoroughbred
association in the southern zone when conducting a live race meeting
may accept wagers on days when live races are being run on the
results of not more than eight out-of-state thoroughbred horse races,
if all 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) The Humboldt County Fair conducts at least six live races.
(3) The Humboldt County Fair and thoroughbred association in the
southern zone shall accept these wagers only on out-of-state
thoroughbred races that commence before 4:30 p.m., Pacific standard
time.
(b) The Humboldt County Fair may contract with the thoroughbred
association or fair in the southern zone to distribute the signal
statewide on its behalf.
(c) Any thoroughbred association or fair accepting wagers pursuant
to this section shall conduct the wagering in accordance with the
applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2,
except that subdivision (i) of Section 19601 shall not be applicable
for the purpose of fulfilling the authorization described in this
section.
SEC. 2. Section 19601.2 of the Business
and Professions Code is amended to read:
19601.2. (a) During
calendar periods when the San Mateo County Fair, or
any other fair or thoroughbred association
, and the Humboldt County Fair simultaneously
conduct race meetings in the northern zone, the San Mateo
County Fair, or other fair or thoroughbred association
, shall be the association authorized to
distribute the signal and accept wagers on out-of-zone, out-of-state,
and out-of-country races if it complies with the conditions
specified in subdivision (a) of Section 19601. The amounts deducted
from these wagers shall be distributed as provided in Section 19601
, and license fees on races conducted by the Humboldt County
Fair and on out-of-zone, out-of-state, or out-of-country races shall
be as specified in subdivision (h) of Section 19601 .
Additionally, from, and to the extent of, license fees
commissions and purses generated from the total
handle of the San Mateo County Fair, or other fair
or thoroughbred association , during the overlap,
the San Mateo County Fair, or other fair or
thoroughbred association , shall distribute to the
Humboldt County Fair, not less than seven days after the close of
the racing meeting, an amount equal to 0.75 percent of the
out-of-zone, out-of-state, and out-of-country handle. From
the amount remaining, if any, 50 percent shall be retained by the San
Mateo County Fair, or other fair or thoroughbred association, to be
distributed equally as commissions and purses, and 50 percent shall
be paid to the state as a license fee.
(b) During calendar periods when the Fresno District Fair and any
thoroughbred association in the northern zone both conduct race
meetings, the thoroughbred association shall be the association
authorized to distribute the signal and accept wagers on out-of-zone,
out-of-state, and out-of-country races, if it complies with the
conditions specified in subdivision (a) of Section 19601. The amounts
deducted from these wagers shall be distributed as provided in
Section 19601, and license fees on races conducted by the Fresno
District Fair and on out-of-zone, out-of-state, or out-of-country
races shall be as specified in subdivision (h) of Section 19601.
Additionally, from, and to the extent of, license fees generated from
the total handle of the thoroughbred association during the overlap,
the thoroughbred association shall distribute to the Fresno District
Fair, not less than seven days after the close of the racing
meeting, an amount equal to 0.75 percent of the out-of-zone,
out-of-state, and out-of-country handle. From the amount remaining,
if any, 50 percent shall be retained by the thoroughbred association
to be distributed equally as commissions and purses, and 50 percent
shall be paid to the state as a license fee.
SEC. 2. SEC. 3. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to alleviate economic uncertainty for the Humboldt County
Fair, preserve jobs, ensure that live horse racing continues in
Humboldt County each year, and for this act to apply to the 2009
racing season, it is necessary that this act take effect immediately.