BILL NUMBER: AB 763 CHAPTERED
BILL TEXT
CHAPTER 122
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JULY 16, 2009
PASSED THE ASSEMBLY JULY 24, 2009
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, Chesbro. Horse racing: Humboldt County Fair.
(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 the distribution to the
Humboldt County Fair shall be 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.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
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. During calendar periods when any other fair or
thoroughbred association and the Humboldt County Fair simultaneously
conduct race meetings in the northern zone, the 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.
Additionally, from, and to the extent of, commissions and purses
generated from the total handle of the other fair or thoroughbred
association during the overlap, the 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.
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.