Bill Text: CA AB136 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Horse racing: imported harness or quarter horse races.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 221, Statutes of 2009. [AB136 Detail]

Download: California-2009-AB136-Amended.html

---

BILL NUMBER: AB 136	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 29, 2009
	AMENDED IN ASSEMBLY  MARCH 23, 2009

INTRODUCED BY   Assembly Member Silva

                        JANUARY 20, 2009

   An act to amend Section 19596.1 of  , and to add Section
19561 to,  the Business and Professions Code, relating to
horse racing, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 136, as amended, Silva. Horse racing:  cloned horses:
 imported harness or quarter horse races. 
   (1) Existing law, the Horse Racing Law, generally regulates horse
racing and parimutuel wagering on horse races and vests
administration and enforcement of the Horse Racing Law in the
California Horse Racing Board. Violations of the Horse Racing Law are
generally misdemeanors.  
   This bill would prohibit a horse race or horse racing from
including the racing of a cloned horse or offspring of a cloned horse
regardless of whether any breed association has registered the
horse.  
   By imposing new requirements under the Horse Racing Law, the
violation of which would be a crime, the bill would impose a
state-mandated local program.  
   (2) 
    (1)  Under existing law, the  board 
 California Horse Racing Board  is authorized to permit a
harness or quarter horse association conducting a race meeting to
accept wagers on the results of out-of-state or out-of-country
harness or quarter horse races, and certain other designated harness
or quarter horse races, if specified conditions are met. One of these
conditions is that, if only one breed is being raced on a given day,
the racing association conducting live racing may import those races
that would otherwise be simulcast by the association which is not
racing, subject to the limitation that the total number of harness or
quarter horse races imported in a calendar year does not exceed the
number of night races imported in 1998 after 5:30 p.m.
   This bill would delete that limitation regarding the total number
of harness or quarter horse races imported in a calendar year.

   (3) 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.  
   (4) 
    (2)  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:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 19561 is added to the
Business and Professions Code, to read:
   19561.  Neither a horse race nor horse racing shall include the
racing of a cloned horse or offspring of a cloned horse regardless of
whether any breed association has registered the horse. 
   SEC. 2.   SECTION 1.   Section 19596.1
of the Business and Professions Code is amended to read:
   19596.1.  (a) Notwithstanding any other provision of law, the
board may authorize a harness or quarter horse association conducting
a race meeting to accept wagers on the results of out-of-state or
out-of-country harness or quarter horse races and, with the board's
approval and with the concurrence of the horsemen's organization
contracting with the association, other designated harness or quarter
horse races during the period it is conducting the racing meeting,
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) Wagering is offered only within the racing inclosure and only
within 36 hours of the running of the out-of-state feature race.
   (3) The association conducts at least seven live races, and
imports not more than eight races on those days during a racing
meeting when live races are being run, except as provided in
subdivision (b).
   (4) If only one breed of horse specified in this section is being
raced on a given day, then the association conducting the live racing
may import those races which would otherwise be simulcast by the
association which is not racing. After the usual deductions,
including the portion for the racing association, the portion
remaining for purses from these races shall be distributed equally
for purses for harness horsemen and quarter horse horsemen.
   (5) No quarter horse or harness racing association shall accept
wagers on out-of-state or out-of-country quarter horse or harness
races commencing before 5:30 p.m., Pacific standard time, without the
consent of any thoroughbred association or fair that is then
conducting a live racing meeting in this state.
   (b) An association that is authorized to import races pursuant to
subdivision (a) may, at its sole discretion, import fewer than the
maximum number of harness or quarter horse races authorized in
paragraph (3) of subdivision (a). For up to two races per night, for
each race that is not imported under the maximum authorized by
paragraph (3) of subdivision (a) on a particular night of racing, the
association may add a race to the number of races allowable under
the maximum authorization on another night of racing. However, no
more than two races may be added under this subdivision to the number
allowable on a single night, and the total number of imported races
over a calendar year may not exceed the total number of imported
races authorized pursuant to paragraphs (3) and (4) of subdivision
(a). 
  SEC. 3.    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. 
   SEC. 4.   SEC. 2.   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 allow additional wagering necessary for the
preservation and financial stability of the horse racing industry,
 and to preserve the integrity of the horse racing industry,
 it is necessary that this act take effect immediately.