Bill Text: CA AB2471 | 2021-2022 | Regular Session | Amended

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Bill Title: Horse racing: unlicensed penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-20 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2471 Detail]

Download: California-2021-AB2471-Amended.html

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Amended  IN  Assembly  March 31, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2471

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Introduced by Assembly Member Cooper

February 17, 2022

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An act to amend Sections 19596.2 and Section 19660 of the Business and Professions Code, relating to horse racing.

LEGISLATIVE COUNSEL'S DIGEST

AB 2471, as amended, Cooper. Horse racing: out-of-state thoroughbred races: Whitney Stakes: unlicensed penalty.

The Horse Racing Law authorizes a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Under that law, the total number of thoroughbred races imported by associations or fairs on a statewide basis under these provisions are required to not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state, with the exception of prescribed races.

This bill would exempt from the 50 imported race per day limitation races imported that are part of the race card of the Whitney Stakes.

The Horse Racing Law authorizes the California Horse Racing Board to issue to any person who makes an application in writing, complies with specified provisions of this law, and who makes the deposit to secure payment of the license fee, a license to conduct a horse racing meeting at the track specified in the application, provided that the board determines that the issuance of the license will be in the public interest and will subserve the purposes of the Horse Racing Law. The Horse Racing Law makes it a misdemeanor for a person to directly or indirectly hold or conduct a meeting where there is horse racing and betting on the results, as specified, without first having procured a license.

This bill would instead make it a felony for a person to knowingly hold or conduct for profit any meeting or activity where there is horse racing and betting on the results, as specified, without first having procured a license. By changing the penalty for a crime and by expanding the definition of a crime, this bill would impose 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 19596.2 of the Business and Professions Code is amended to read:

19596.2.

(a)Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following:

(1)Races imported for wagering purposes pursuant to subdivision (c).

(2)Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders’ Cup, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Whitney Stakes, or the Haskell Invitational.

(3)Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone.

(4)Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones.

(b)Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2.

(c)No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in the Counties of Orange or Sacramento.

SEC. 2.SECTION 1.

 Section 19660 of the Business and Professions Code is amended to read:

19660.

 Any person who, without first having procured a license under Article 4 (commencing with Section 19480) of this chapter, knowingly holds or conducts for profit any meeting or activity where there is horse racing and betting on its results by the parimutuel method of wagering, or otherwise, is guilty of a felony.

SEC. 3.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.