Bill Text: CA AB1074 | 2013-2014 | Regular Session | Chaptered
Bill Title: Horse racing: thoroughbred racing.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2013-09-30 - Chaptered by Secretary of State - Chapter 428, Statutes of 2013. [AB1074 Detail]
Download: California-2013-AB1074-Chaptered.html
BILL NUMBER: AB 1074 CHAPTERED
BILL TEXT
CHAPTER 428
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2013
APPROVED BY GOVERNOR SEPTEMBER 30, 2013
PASSED THE SENATE SEPTEMBER 3, 2013
PASSED THE ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN SENATE AUGUST 26, 2013
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN SENATE JUNE 20, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
INTRODUCED BY Assembly Member Atkins
FEBRUARY 22, 2013
An act to amend Sections 19531, 19549.2, 19549.6, 19549.7,
19549.9, and 19605.73 of, and to repeal Sections 19532.1 and 19532.2
of, the Business and Professions Code, relating to horse racing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1074, Atkins. Horse racing: thoroughbred racing.
Existing law, the Horse Racing Law, authorizes the California
Horse Racing Board to make allocations of racing weeks, as it deems
appropriate, and, for thoroughbred racing, establishes a maximum of
44 weeks per year of racing weeks in the northern zone, a maximum of
42 weeks per year in the central zone, and a maximum of 7 weeks per
year in the southern zone. Existing law also prohibits the board from
allocating dates to a thoroughbred association in the central zone
for conducting racing during daytime hours, if in the southern zone,
a thoroughbred racing association is conducting racing on the same
date during daytime hours. A violation of the Horse Racing Law is a
crime.
This bill would, instead of separate allocations to the central
and southern zones, establish a maximum of 49 racing weeks per year
in the combined central and southern zones. The bill would also
require the board to allocate from those weeks a minimum number of
weeks to certain racetracks in the central and southern zones that
were used to conduct thoroughbred race meetings prior to 2012 and
would authorize the board to allocate from those weeks a maximum
number of weeks to certain racetracks in the southern zone that were
not used to conduct thoroughbred race meetings in the southern zone
prior to 2012. The bill would prohibit the board from allocating
dates to a thoroughbred association in the southern zone for the
purpose of conducting racing, regardless of the hours, if, on the
same date and during daytime hours, a thoroughbred racing association
is conducting racing in the central zone, and would reciprocally
prohibit the allocation of racing dates to a thoroughbred association
in the central zone when daytime racing is conducted by a
thoroughbred association in the southern zone. Because a violation of
those provisions would be a crime, this bill would impose a
state-mandated local program.
Existing law provides that, except as specified, if a venue
licensed to conduct thoroughbred racing in the central zone in 2008
is not available for racing in 2009 or thereafter, the dates formerly
allocated to that venue shall be available for allocation by the
board, and further provides that, if a racetrack located in the
central zone is not available for use by a thoroughbred association
that was licensed to conduct a live race meet at that racetrack in
2009, the board is authorized to allocate racing dates to that
association to be operated at a racetrack in the central zone or
southern zone for racing in 2010 or thereafter.
This bill would repeal those provisions.
Existing law, operative until January 1, 2014, authorizes
thoroughbred racing associations, fairs, and the organization
responsible for contracting with thoroughbred racing associations and
fairs with respect to the conduct of racing meetings, to form a
private, statewide marketing organization to market and promote
thoroughbred and fair horse racing. If a marketing organization is
formed, existing law requires an amount not to exceed 0.25% of the
total amount handled by each satellite wagering facility to be
distributed to the marketing organization, and imposes certain
requirements on the marketing organization, including that the
marketing organization annually submit certain information to the
board. Violations of the Horse Racing Law are generally misdemeanors.
This bill would extend the operation of those provisions to
January 1, 2015. By extending those provisions of the Horse Racing
Law, a violation of which is a crime, the bill would create new
crimes and would thereby impose a state-mandated local program.
This bill would make conforming changes to specified provisions in
order to update cross-references.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19531 of the Business and Professions Code is
amended to read:
19531. (a) The board shall make allocations of racing weeks,
including simultaneous racing between zones, as it deems appropriate.
The maximum number of racing weeks that may be allocated for horse
racing other than at fairs, shall be as follows:
(1) For thoroughbred racing: 44 weeks per year in the northern
zone; and 49 weeks per year in the combined central and southern
zones.
(2) For harness racing: 25 weeks per year in the northern zone.
(3) For quarter horse racing: 25 weeks per year in the northern
zone.
(4) For harness racing and quarter horse racing: a total of 77
weeks per year in the combined central and southern zones.
(b) In its written application for a license, an applicant shall
state the time of day, consistent with this chapter, during which it
will conduct its racing meeting, and particularly the first race
starting time for the various racing days. After receiving a license,
a licensee shall not change the first race starting time without
securing prior approval of the board.
(c) Notwithstanding this section or any other provision in this
chapter, the following provisions apply:
(1) From the weeks available in the combined central and southern
zones pursuant to subdivision (a), the board shall allocate a minimum
of seven weeks per year to a thoroughbred racing association to
conduct thoroughbred racing at a racetrack that was used to conduct a
thoroughbred race meeting in the southern zone prior to 2012.
(2) The board shall not allocate dates to a thoroughbred
association in the central zone for the purpose of conducting racing
if a thoroughbred racing association is conducting racing in the
southern zone on the same date during daytime hours.
(3) From the weeks available in the combined central and southern
zones pursuant to subdivision (a), the board shall allocate a minimum
of 25 weeks per year to a thoroughbred racing association to conduct
thoroughbred racing at a racetrack that was used to conduct a
thoroughbred race meeting in the central zone prior to 2012.
(4) The board shall not allocate dates to a thoroughbred
association in the southern zone for the purpose of conducting racing
if a thoroughbred racing association is conducting racing in the
central zone on the same date during daytime hours.
(5) From the weeks available in the combined central and southern
zones pursuant to subdivision (a), the board may allocate a maximum
of five weeks per year to a thoroughbred racing association to
conduct thoroughbred racing at a racetrack in the southern zone that
was not used to conduct a thoroughbred race meeting in the southern
zone prior to 2012.
SEC. 2. Section 19532.1 of the Business and Professions Code is
repealed.
SEC. 3. Section 19532.2 of the Business and Professions Code is
repealed.
SEC. 4. Section 19549.2 of the Business and Professions Code is
amended to read:
19549.2. From the weeks available for harness and quarter horse
racing pursuant to paragraph (4) of subdivision (a) of Section 19531,
the board may allocate a maximum of 12 weeks of harness racing to
the 22nd District Agricultural Association to be conducted on the
22nd District Agricultural Association grounds. The racing shall be
conducted by a person other than the 22nd District Agricultural
Association.
SEC. 5. Section 19549.6 of the Business and Professions Code is
amended to read:
19549.6. Notwithstanding paragraph (2) of subdivision (a) of
Section 19531 and Sections 19540, 19546, and 19549, the board may
allocate additional weeks of harness racing to the California
Exposition and State Fair in Sacramento or its lessee, to be raced at
the California Exposition and State Fair in Sacramento.
SEC. 6. Section 19549.7 of the Business and Professions Code is
amended to read:
19549.7. Notwithstanding paragraph (3) of subdivision (a) of
Section 19531 and Section 19549, the board may allocate additional
weeks of quarter horse racing to a lessee of the California
Exposition and State Fair in Sacramento to be raced at the California
Exposition and State Fair in Sacramento.
SEC. 7. Section 19549.9 of the Business and Professions Code is
amended to read:
19549.9. Notwithstanding paragraph (4) of subdivision (a) of
Section 19531 and Section 19549, the board may allocate up to 10
additional weeks of harness racing to the Los Angeles County Fair, or
its lessee, to be raced at the fairgrounds in Pomona.
SEC. 8. Section 19605.73 of the Business and Professions Code is
amended to read:
19605.73. (a) Thoroughbred racing associations, fairs, and the
organization responsible for contracting with thoroughbred racing
associations and fairs with respect to the conduct of racing
meetings, may form a private, statewide marketing organization to
market and promote thoroughbred and fair horse racing, including, but
not limited to, the establishment and maintenance of an Internet Web
site featuring California thoroughbred and fair racing, the
establishment and administration of players incentive programs for
those who wager on thoroughbred association and fair races, and
promotional activities at satellite wagering facilities to increase
their attendance and handle. While the promotional activities at
satellite wagering facilities shall be funded by the marketing
organization, they shall be implemented and coordinated by
representatives of the satellite wagering facilities and the
thoroughbred racing associations or fairs then conducting a live race
meet. The organization shall consist of the following members: two
members, one from the northern zone and one from the combined central
and southern zones, appointed by the thoroughbred racetracks; two
members, one from the northern zone and one from the combined central
and southern zones, appointed by the owners' organization
responsible for contracting with associations and fairs with respect
to the conduct of racing meetings; and two members, one from the
northern zone and one from the combined central and southern zones,
appointed by the organization representing racing and satellite
fairs.
(b) The marketing organization formed pursuant to subdivision (a)
shall, by November 1 of each year, submit a written report to the
board on a statewide marketing and promotion plan for the upcoming
calendar year. In addition, the organization shall annually present
to the board at the board's November meeting a verbal report on the
statewide marketing and promotion plan for the upcoming calendar
year. The plan shall be implemented as determined by the
organization. The organization shall receive input from all
interested industry participants and may utilize outside consultants.
(c) In addition to the distributions specified in subdivisions (a)
and (b) of Section 19605.7, subdivisions (a) and (b) of Section
19605.71, and Section 19605.72, for thoroughbred and fair meetings
only, from the amount that would normally be available for
commissions and purses, an amount not to exceed 0.25 percent of the
total amount handled by each satellite wagering facility shall be
distributed to the marketing organization formed pursuant to
subdivision (a) for the purposes set forth therein. The amounts
initially distributed to the marketing organization formed pursuant
to subdivision (a) shall be 0.2 percent of the total amount handled
by satellite wagering facilities for thoroughbred and fair meetings
only. The amount distributable to the marketing organization may be
adjusted by the board, in its discretion. However, the adjusted
amounts may not exceed an aggregate of 0.25 percent of the total
amount handled by satellite wagering facilities for thoroughbred and
fair meetings only. Any of the promotion funds that are not expended
in the year in which they are collected may be expended in the
following year. If promotion funds expended in any one year exceed
the amount collected for that year, the funds expended in the
following year shall be reduced by the excess amount. The marketing
organization, on a quarterly basis, shall submit to the board a
written report that accounts for all receipts and expenditures of the
promotion funds for the previous three months.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. Any moneys held by the organization shall, in the event
this section is repealed, be distributed to the organization formed
pursuant to Section 19608.2, for purposes of that section.
SEC. 9. 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.
