BILL NUMBER: SB 1523 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 21, 2012
AMENDED IN SENATE APRIL 16, 2012
INTRODUCED BY Senator Strickland
FEBRUARY 24, 2012
An act to amend Section 19640 of the Business and Professions
Code, relating to horse racing, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1523, as amended, Strickland. Horse racing: fund for retired
race horses.
Existing law, the Horse Racing Law, generally regulates horse
racing and vests the administration and enforcement of the Horse
Racing Law in the California Horse Racing Board. Existing law
provides that all money representing penalties or fines imposed by
the stewards of a horse race meeting shall be collected by the
licensee of the meeting and paid to the board within 10 days after
its close. Existing law requires the board to deposit the money in
the State Treasury to the credit of the General Fund. Existing law
also requires persons who participate in horse racing, including
horse owners, jockeys, drivers, apprentices, grooms, and valets, to
be licensed by the board, and to pay license fees pursuant to the
rules and regulations adopted by the board.
This bill would require the board to annually deposit
50% of all money representing penalties or fines imposed
by the stewards of a horse race meeting and 50% of all
fees paid to the board for occupational licenses into the Fund for
Retired California Race Horses, which would be established by the
bill as a continuously appropriated fund, thereby making an
appropriation, for purposes of financing a program for the
rehabilitation and retraining of retired California race horses
in state prisons . The bill would require the
program to be developed by the board and implemented in partnership
with a nonprofit organization , selected by the board,
that operates rehabilitation and retirement services in the state for
retired California race horses. The bill would require the
nonprofit organization to be approved by the board and the Department
of Corrections and Rehabilitation . The bill would require
the board to adopt regulations for the management and distribution
of funds deposited in the Fund for Retired California Race Horses.
The bill would require the regulations to establish a process for the
distribution of those moneys to the nonprofit organization
and for the distribution of moneys received by the nonprofit
organization to the Department of Corrections and Rehabilitation for
services provided by prisoners for the rehabilitation and retraining
of retired California race horses pursuant to the program .
The bill would require the board to adopt regulations
prohibiting the total amount of funds allocated to the nonprofit
organization from exceeding the total amount of donations received by
the nonprofit organization in the year in which the
allocation is to be made. The bill would require the nonprofit
organization and the Department of Corrections and
Rehabilitation to submit an annual budget and quarterly
financial statements to the board.
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 19640 of the Business and Professions Code is
amended to read:
19640. (a) All Fifty percent of all
money representing penalties or fines imposed by the stewards of a
horse race meeting shall be collected by the licensee of the meeting
and paid to the board within 10 days after its close, and the board
shall annually deposit all of the money
in the Fund for Retired California Race Horses, which is hereby
established in the State Treasury. All Fifty
percent of all fees paid to the board for occupational
licenses, as specified in Section 1481 of Article 4 of
Division 4 of Title 4 of the California Code of
Regulations, shall also be deposited annually by the board
into the fund.
(b) Notwithstanding Section 13340 of the Government Code, all
moneys in the fund shall be continuously appropriated to the board
for purposes of funding the program described in this section.
(c) The board shall establish a program for the rehabilitation and
retraining of retired California race horses in state
prisons . The program shall be developed by the board and
shall be implemented in partnership with a nonprofit 501(c)(3)
organization that operates rehabilitation and retirement
facilities in the state for the care of retired California race
horses. The nonprofit organization shall be approved
selected by the board and the
Department of Corrections and Rehabilitation .
(d) The board shall adopt regulations for the management and
distribution of moneys in the Fund for Retired California Race
Horses. The regulations shall also establish a process for the
distribution of those moneys to the nonprofit 501(c)(3)
organization and for the distribution of moneys received by
the nonprofit organization to the Department of Corrections and
Rehabilitation for services provided by prisoners for the
rehabilitation and retraining of retired California race horses
pursuant to the program. In addit ion to any other
regulation adopted by the board pursuant to this section, the
regulations shall prohibit the allocation of funds to the nonprofit
501(c)(3) organization in an amount that exceeds the total amount of
donations to the nonprofit 501(c)(3) organization in the year in
which the allocation is to be made.
(e) The nonprofit 501(c)(3) organization and
the Department of Corrections and Rehabilitation shall
submit a budget for the ensuing calendar year at the board's November
meeting each year, and shall file quarterly financial statements
with the board.