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AB-482 California Horse Racing Board: racing weeks: multiyear calendar: evening races.(2019-2020)

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Date Published: 04/11/2019 09:00 PM
AB482:v98#DOCUMENT

Amended  IN  Assembly  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 482


Introduced by Assembly Member Quirk

February 12, 2019


An act to amend Sections 19401, 19422, 19531, and 19596.2 of, and to add Sections 19530.1 and 19536 to, to the Business and Professions Code, relating to horse racing.


LEGISLATIVE COUNSEL'S DIGEST


AB 482, as amended, Quirk. Horse racing law intent: California Horse Racing Board: racing weeks: out-of-state thoroughbred races. multiyear calendar: evening races.

(1)Existing law provides that the intent of the Horse Racing Law is to allow parimutuel wagering on horse races while, among other things, encouraging agriculture and the breeding of horses in this state.

This bill would add to that statement of intent supporting the network of California fairs.

(2)The Horse Racing Law provides that the California Horse Racing Board consists of 7 members appointed by the Governor. That law also provides that each member of the board shall have been a resident of this state for 2 years next preceding his appointment.

This bill would require that at least 2 members of the board shall reside in each of the southern zone, the central zone, or the northern zone.

(3)The Horse Racing Law gives the board the authority to allocate racing weeks to an applicant or applicants pursuant to specified provisions of law and to specify such racing days, dates, and hours for horse racing meetings as will be in the public interest, and will subserve the purposes of the Horse Racing Law.
This bill would, notwithstanding these provisions, give the board the authority to allocate racing weeks based on a multiyear calendar to an applicant or applicants pursuant to specified provisions of law. The bill would also authorize the board, when proposed start time temperatures present a serious risk to horses, jockeys, or other backstretch employees and at the request of the racing association or fair, to authorize races scheduled for daytime hours to be run in the evening.

(4)The Horse Racing Law authorizes the California Horse Racing Board to make allocations of racing weeks, including simultaneous racing between zones, as it deems appropriate, as provided.

This bill would require the board, from the weeks available in the northern zone, to allocate those weeks in the month of June to the month of October to a fair racing association. The bill would also authorize the board to allocate weeks in the month of November through the month of May to a fair racing association.

(5)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 remove the 50-per-day limitation on the total number of thoroughbred races that may be imported by associations or fairs on a statewide basis on days when live thoroughbred or fair racing is being conducted in the state. The bill would also delete the exception for prescribed races.

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

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


SECTION 1.Section 19401 of the Business and Professions Code is amended to read:
19401.

The intent of this chapter is to allow parimutuel wagering on horse races, while:

(a)Assuring protection of the public.

(b)Encouraging agriculture and the breeding of horses in this state.

(c)Supporting the network of California fairs.

(d)Providing for maximum expansion of horse racing opportunities in the public interest.

(e)Providing uniformity of regulation for each type of horse racing.

SEC. 2.Section 19422 of the Business and Professions Code is amended to read:
19422.

Each member of the board shall have been a resident of this state for two years next preceding that member’s appointment. At least two members of the board shall reside in each of the zones as designated in Section 19530.5.

SEC. 3.SECTION 1.

 Section 19530.1 is added to the Business and Professions Code, to read:

19530.1.
 Notwithstanding Section 19530, the board shall have the authority to allocate racing weeks based on a multiyear calendar to an applicant or applicants pursuant to the provisions of this article and Article 6.5 (commencing with Section 19540).

SEC. 4.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.

(6)From the weeks available in the northern zone, the board shall allocate those weeks in the month of June to the month of October, inclusive, to a fair racing association. The board may also allocate weeks between the month of November to the month of May, inclusive, to a fair racing association.

SEC. 5.SEC. 2.

 Section 19536 is added to the Business and Professions Code, to read:

19536.
 When proposed start time temperatures present a serious risk to horses, jockeys, or other backstretch employees, the board, at the request of the racing association or fair, may authorize races scheduled for daytime hours to be run in the evening.

SEC. 6.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.

(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 Orange or Sacramento Counties.