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AB-1661 Horse racing: digital video disc and video replication.(2011-2012)

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AB1661:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1661


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   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.