SB 469

Bill Subjects

Abstract

(1) The Horse Racing Law, vests the California Horse Racing Board with jurisdiction and supervision over horse racing meetings in this state on which wagering is held or conducted, and over all persons or things having to do with the operation of those meetings. Existing law authorizes the board to issue a license to conduct a racing meeting at the racetrack specified in the license, subject to certain conditions, including that the board has inspected and approved the racetrack as conforming to the safety standards established by the board. Existing law requires all proceedings to revoke a license to be conducted in accordance with the procedures for a formal hearing set forth in the Administrative Procedure Act. A violation of the Horse Racing Law is generally a misdemeanor. The Horse Racing Law authorizes the board to allocate racing weeks to an applicant and to specify racing days, dates, and hours for racing meetings. That law provides that the decision of the board as to racing days, dates, and hours is subject to change, limitation, or restriction only by the board. Existing regulations of the board provide that, upon a finding by the board that the allocation of racing weeks and dates for any racing year is completed, the racing weeks and dates are only subject to reconsideration or amendment by the board for conditions unforeseen at the time of the allocations. Existing law, the Bagley-Keene Open Meeting Act, generally requires that all meetings of a state body be open and public. The act requires that notice, including a specific agenda for the meeting, be given and made available on the internet at least 10 days in advance of the meeting, or, in the case of special meetings, 48 hours in advance of the meetings. The act prohibits an item from being added to the agenda subsequent to the notice, except as provided. This bill would authorize the board, at any time, upon a vote of at least 4 members of the board, to immediately suspend a license to conduct a racing meeting, as provided, when necessary to protect the health and safety of the horses or riders that are present at the racing meeting. The bill would authorize the board, as a condition of lifting the suspension, to require a licensee to comply with additional safety standards or other requirements as it deems necessary or desirable for the best interests of horse racing and the purposes of the Horse Racing Law. The bill would make it unlawful to conduct a horse racing meeting under a license that is suspended pursuant to these provisions or, if the suspension is lifted, without meeting a condition imposed pursuant to these provisions. Because a violation of those prohibitions would be a crime, this bill would impose a state-mandated local program. The bill would also authorize the board to call an emergency meeting to consider suspending a license pursuant to these provisions under specified circumstances. The bill would require, for purposes of ordering a suspension, a vote of at least 4 members of the board. The bill would exempt the emergency meeting from the above-described notice requirements of the Bagley-Keene Open Meeting Act and would impose modified notice requirements. The bill would require the board to review any action taken under the above-referenced provisions within 10 calendar days. The bill would authorize the board, at any time, to change, limit, restrict, or reallocate racing weeks, days, or dates that are allocated pursuant to the above-described provisions regardless of whether a condition giving rise to that action is foreseen at the time of allocation or whether a license is issued to conduct a racing meeting during an allocated week, day, or date. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (3) 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. (4) This bill would declare that it is to take effect immediately as an urgency statute.