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AB-667 Horse racing.(2003-2004)

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AB667:v95#DOCUMENT

Amended  IN  Senate  June 17, 2004
Amended  IN  Senate  June 28, 2004
Amended  IN  Senate  August 12, 2004
Amended  IN  Senate  August 23, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 667

Introduced  by  Assembly Member Harman

February 19, 2003

An act to amend Section 19406 of, and to add Sections 19438, 19605.25, and 19605.46 to, the Business and Professions Code, relating to horse racing and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 667, as amended, Harman. Horse racing.
Existing law generally regulates horse racing.
This bill would provide that any person who is a race track employee who wrongfully attempts to affect or wrongfully affects the outcome of a horse race is guilty of a misdemeanor punishable by a fine of $10,000 or 10 times any amount that was paid to wrongfully attempt to affect or wrongfully affect the outcome of a horse race, whichever amount is greater, and by a term of imprisonment in a county jail not exceeding 6 months.
By creating a new crime, this bill would impose a state-mandated local program.

Existing law generally requires every licensee conducting a horse racing meeting to provide for the running of at least one race each racing day limited to California-bred horses, or featuring California-bred horses, to be known as the “California-bred race.” Existing law requires for thoroughbred and quarter horse racing that the total amount distributed to horsemen and horsewomen for California-bred stakes races from the purse account to be not less than 10% of the total amount distributed for all stakes races from the purse account at that racing meeting. Existing law defines a “California-bred quarter horse” as a quarter horse foal conceived in California by a stallion standing in California at the time of conception.

This bill would change that definition to require the stallion to be standing in California at conception.

Under existing law, all revenues distributed to the state as license fees from horse racing are required to be deposited in the Fair and Exposition Fund and are continuously appropriated to the Department of Food and Agriculture for various regulatory and general governmental purposes.
This bill would authorize an additional 5 satellite wagering facilities to be situated in Los Angeles County, as specified. The bill would also authorize the Alameda County Fair to operate an 2 additional satellite wagering facility facilities, as specified.
By expanding wagering on horse racing by authorizing additional satellite wagering facilities, this bill would increase the amount of continuously appropriated license fees, thereby making an appropriation.
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: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 19438 is added to the Business and Professions Code, to read:

19438.
 Any person who is a race track employee who wrongfully attempts to affect or wrongfully affects the outcome of a horse race is guilty of a misdemeanor punishable by a fine of ten thousand dollars ($10,000) or 10 times any amount that was paid to wrongfully attempt to affect or wrongfully affect the outcome of a horse race, whichever amount is greater, and by a term of imprisonment in a county jail not exceeding 6 months.

SEC. 2.Section 19406 of the Business and Professions Code is amended to read:
19406.

(a)A “California-bred horse” is a foal dropped by a mare in California after being conceived in California and remaining in California until the foal is weaned.

(b)A “California-bred thoroughbred” is a horse dropped by a mare in California after being conceived in California, or any thoroughbred horse dropped by a mare in California if the mare remains in California to be next bred to a thoroughbred stallion standing in California. If the mare cannot be bred for two successive breeding seasons but remains in California during that period, her foal shall be considered to be a California-bred thoroughbred.

(c)A “California-bred quarter horse” is a quarter horse foal conceived in California by a stallion standing in California at conception.

(d)A “California-bred standardbred horse” is a standardbred foal dropped by a mare in California after being conceived in California by a stallion registered with the California Standardbred Sires Stakes Program.

(e)A “California-bred Appaloosa horse” is a horse dropped by a mare in California after being conceived in California, or any Appaloosa horse dropped by a mare in California if the mare remains in California to be next bred to an Appaloosa stallion standing in California. If the mare cannot be bred for two successive breeding seasons but remains in California during that period, her foal shall be considered to be a California-bred Appaloosa horse.

(f)A “California-bred paint horse” is a registered paint horse foal conceived in California by a stallion standing in California at the time of the conception, or by a registered paint horse stallion.
SEC. 3.

Section 19605.25 is added to the Business and Professions Code, to read:

19605.25.
 (a) In addition to any authorized satellite wagering facility, the board, with the approval of the Department of Food and Agriculture, may authorize any fair or racing association in the central zone to operate a satellite wagering facility pursuant to this section if it finds that is in the best interest of horse racing.
(b) The racing associations situated in the central zone and quarter horse racing associations situated in the southern zone may join together with the Los Angeles County Fair, the 50th Agricultural District, or the 51st Agricultural District to site an additional five satellite wagering facilities in Los Angeles County. The location of these satellite facilities shall be mutually agreed upon by the racing associations in the central zone, the quarter horse racing associations in the southern zone, the Los Angeles County Fair, the 50th Agricultural District, and the 51st Agricultural District. All of these parties shall have the opportunity to invest in the ownership and operation of these additional five satellite wagering facilities at the time of approval of each facility by the board.
(c) The distribution of the handle, may, with the consent of the affected horsemen’s associations and racing associations, be based on an agreement among the parties described in subdivision (b), rather than the usual satellite distribution. Any change in the distribution shall only affect the portions that are intended for purses and commissions, and shall be agreed to by all the racing associations, fair racing associations, and horsemen’s organizations in the central and southern zones.

SEC. 4.

Section 19605.46 is added to the Business and Professions Code, to read:

19605.46.
 Notwithstanding subdivision (a) of Section 19605, and Section 19605.1, the Alameda County Fair, may, with the approval of the Department of Food and Agriculture, the authorization of the board, and subject to the conditions set forth in Section 19605.3, operate an two additional satellite wagering facility within the boundaries of the fair district.

SEC. 5.SEC. 5.facilities within the boundaries of the fair district. However, any facility situated in the City of Oakland shall be sited only with the concurrence of the racing association in Alameda County. The racing association in Alameda County shall have the opportunity to invest in the ownership and operation of any satellite wagering facility situated in the City of Oakland or within 20 miles of the racing association’s race track in Alameda County. SEC. 5.

SEC. 4.

 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.