Bill Text: CA AB3261 | 2023-2024 | Regular Session | Amended


Bill Title: Horse racing: out-of-state thoroughbred races.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2024-08-31 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0.). [AB3261 Detail]

Download: California-2023-AB3261-Amended.html

Amended  IN  Senate  August 28, 2024
Amended  IN  Senate  June 19, 2024
Amended  IN  Assembly  April 24, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3261


Introduced by Assembly Member Mike Fong
(Coauthor: Senator Rubio)

February 16, 2024


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


LEGISLATIVE COUNSEL'S DIGEST


AB 3261, as amended, Mike Fong. Horse racing: out-of-state thoroughbred races.
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. Existing law prohibits the total number of thoroughbred races imported by associations or fairs on a statewide basis under these provisions from exceeding 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 instead prohibit the total number of thoroughbred races imported by associations or fairs on a statewide basis under these provisions from exceeding 75 per day on days when live thoroughbred or fair racing is being conducted in the state, with the exception of prescribed races.
Existing law requires any thoroughbred association or fair accepting wagers on the above-described out-of-state races to conduct the wagering in accordance with certain conditions. Existing law prohibits a thoroughbred association or fair from accepting wagers on the above-described 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 County of Orange or the County of Sacramento.
This bill would prohibit, when the total number of thoroughbred races imported by a thoroughbred association or fair on a statewide basis is between 51 and 75 races per day on days when live thoroughbred or fair racing is being conducted in the state, a thoroughbred association or fair from accepting wagers on the above-described out-of-state races commencing after 5 p.m., Pacific standard time, without the consent of the harness and quarter horse racing association that is then conducting a live racing meeting in the County of Orange or the County of Sacramento.
This bill would incorporate additional changes to Section 19596.2 of the Business and Professions Code proposed by Assembly Bill 1768 and Assembly Bill 1946, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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 75 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 75 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 Blue Grass 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) Except as provided in subdivision (d), a thoroughbred association or fair shall not 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 County of Orange or the County of Sacramento.
(d) When the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section is between 51 and 75 on a day when live thoroughbred or fair racing is being conducted in the state, a thoroughbred association or fair shall not accept wagers pursuant to this section on out-of-state races commencing after 5 p.m., Pacific standard time, without the consent of the harness and quarter horse racing association that is then conducting a live racing meeting in the County of Orange or the County of Sacramento.

SEC. 1.1.

 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 75 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 75 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 Pegasus World Cup, the Arlington Million, the Breeders’ Cup, Cup World Championship, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass 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 Except as provided in subdivision (d), a thoroughbred association or fair may shall not 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 County of Orange or the County of Sacramento.
(d) When the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section is between 51 and 75 on a day when live thoroughbred or fair racing is being conducted in the state, a thoroughbred association or fair shall not accept wagers pursuant to this section on out-of-state races commencing after 5 p.m., Pacific standard time, without the consent of the harness and quarter horse racing association that is then conducting a live racing meeting in the County of Orange or the County of Sacramento.

SEC. 1.2.

 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 75 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 75 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 Blue Grass Stakes, 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 Except as provided in subdivision (d), a thoroughbred association or fair may shall not 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 County of Orange or the County of Sacramento.
(d) When the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section is between 51 and 75 on a day when live thoroughbred or fair racing is being conducted in the state, a thoroughbred association or fair shall not accept wagers pursuant to this section on out-of-state races commencing after 5 p.m., Pacific standard time, without the consent of the harness and quarter horse racing association that is then conducting a live racing meeting in the County of Orange or the County of Sacramento.

SEC. 1.3.

 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 75 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 75 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 Pegasus World Cup, the Arlington Million, the Breeders’ Cup, Cup World Championship, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, 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 Except as provided in subdivision (d), a thoroughbred association or fair may shall not 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 County of Orange or the County of Sacramento.
(d) When the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section is between 51 and 75 on a day when live thoroughbred or fair racing is being conducted in the state, a thoroughbred association or fair shall not accept wagers pursuant to this section on out-of-state races commencing after 5 p.m., Pacific standard time, without the consent of the harness and quarter horse racing association that is then conducting a live racing meeting in the County of Orange or the County of Sacramento.

SEC. 2.

 (a) Section 1.1 of this bill incorporates amendments to Section 19596.2 of the Business and Professions Code proposed by both this bill and Assembly Bill 1768. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 19596.2 of the Business and Professions Code, (3) Assembly Bill 1946 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1768, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
(b) Section 1.2 of this bill incorporates amendments to Section 19596.2 of the Business and Professions Code proposed by both this bill and Assembly Bill 1946. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 19596.2 of the Business and Professions Code, (3) Assembly Bill 1768 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 1946, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(c) Section 1.3 of this bill incorporates amendments to Section 19596.2 of the Business and Professions Code proposed by this bill, Assembly Bill 1768, and Assembly Bill 1946. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2025, (2) all three bills amend Section 19596.2 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1768 and Assembly Bill 1946, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.
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