BILL NUMBER: AB 1661	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Norby

                        FEBRUARY 14, 2012

   An act to amend Section 19576 of the Business and Professions
Code, relating to horse racing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1661, as introduced, Norby. Horse racing: digital video disc
and video replication.
   Existing law governs horse racing in this state and vests in the
California Horse Racing Board jurisdiction and supervision over
meetings 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 those meetings. Existing law prohibits a person from
using for a commercial purpose, and from furnishing to any other
person either within or outside of the state for any commercial
purpose, an audio or video recording of any quarter horse race
occurring in this state without first securing the consent of the
racing association conducting or holding the meeting, the
organization representing horsemen and horsewomen participating in
the meeting, and the board. A person who violates either of these
prohibitions is guilty of a misdemeanor.
   This bill would expand those prohibitions to additionally apply to
a person who uses for a commercial purpose, or who furnishes to any
other person either within or outside of the state for any commercial
purpose, a digital video disc or any type of video replication of
any quarter horse race occurring in this state without first securing
consent as described above. By expanding the scope of existing
crimes, the bill would create 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: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 19576 of the Business and Professions Code is
amended to read:
   19576.  (a) No person may furnish an audio or video recording 
, digital video disc, or any type of video replication  of any
quarter horse race occurring in this state to any other person either
within or outside of the state for any commercial purpose, including
the use of the recording  , digital video disc, or other video
replication  in any type of video game, without first securing
the consent of the racing association conducting the meeting, the
organization representing horsemen and horsewomen participating in
the meeting, and the board.
   (b) No person may use any audio or video recording  , digital
video disc, or any type of video replication  of any quarter
horse race occurring in this state for any commercial purpose without
first securing the consent of the racing association holding the
meeting, the organization representing horsemen and horsewomen
participating in the meeting, and the board.
   (c) Any person whose consent is required under this section may
file and maintain an action in superior court to obtain an injunction
against the furnishing or commercial use of a recording  ,
digital video disc, or other video replication  of a quarter
horse race in violation of this section.
  SEC. 2.  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.