Section § 19420

Explanation

This law gives the California Horse Racing Board control and oversight of any horse races held in the state where people bet on the outcomes. Their authority extends to everyone and everything connected to these racing events.

Jurisdiction and supervision over meetings in this State 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 such meetings, is vested in the California Horse Racing Board.

Section § 19421

Explanation

This law sets out the structure and appointment process for a specific board, made up of seven members selected by the Governor of California. Members serve four-year terms, with staggered expiration dates based on historical amendments. Any vacancies are also filled by the Governor, and members can be reappointed at the Governor's discretion.

The board consists of seven members, appointed by the Governor.
Each member shall hold office for a term of four years, commencing at the expiration of the previous term.
The term of the members of the board in office on January 1, 1959, shall expire as follows: one member July 26, 1959, one member July 26, 1960, and one member July 26, 1961. The terms shall expire in the same relative order as to each member as the term for which he holds office on January 1, 1959.
The term of the members appointed pursuant to amendments made to this section during the 1977–1978 legislative session shall expire as follows: one on January 1, 1979 and one on January 1, 1982.
The term of the members appointed pursuant to amendments made to this section during the 1979–80 Regular Session of the Legislature shall expire as follows: one on January 1, 1982, and one on January 1, 1984.
Any vacancy shall be filled by the Governor for the unexpired term.
Each member shall be eligible for reappointment in the discretion of the Governor.

Section § 19422

Explanation

This law requires that anyone appointed as a member of the board must have lived in California for at least two years before their appointment.

Each member of the board shall have been a resident of this State for two years next preceding his appointment.

Section § 19423

Explanation

A person cannot be a board member if they, their spouse, or dependent children have any financial ties or management roles involving horse racing tracks or businesses that manage or have contracts with horse racing operations.

A person is disqualified from membership on the board if the person, the person’s spouse or any dependent child thereof:
(a)CA Business & Professions Code § 19423(a) Holds a financial interest in any horse racing track.
(b)CA Business & Professions Code § 19423(b) Holds a financial interest or position of management with any business entity which conducts parimutuel horse racing.
(c)CA Business & Professions Code § 19423(c) Holds a financial interest in a management or concession contract with any business entity which conducts parimutuel horse racing.

Section § 19424

Explanation
This law states that if a board member owns a horse or has bred a horse that wins a race, they are allowed to receive the prize money for that race. Being on the board doesn't stop them from getting their winnings.
No board member is disqualified from receiving a share of any purse awarded him as the result of any horse race as an owner of a horse or as a breeder of a California-bred horse.

Section § 19424.5

Explanation

This law states that people appointed to a board to represent horse owners and breeders are meant to advocate for their interests as part of their role. These representatives are considered to serve the public interest because racehorse owners and breeders essentially represent the general public in this context.

In order to permit the full participation of horsemen and horsewomen who may be appointed to the board, the Legislature declares that the appointment of such persons is intended to represent and further the interests of horse owners and breeders pursuant to Section 19401, and that such representation and furtherance will ultimately serve the public interest. Accordingly the Legislature finds racehorse owners and breeders are tantamount to and constitute the public generally within the meaning of Section 87103 of the Government Code.

Section § 19425

Explanation

Board members get paid $100 per day when they attend meetings set by the chairperson to do their board duties. They also get reimbursed for travel and other official expenses. If a board member also has benefits from the Legislators’ Retirement System, they can choose not to take the $100 payment. If they choose this, their retirement benefits won't be reduced, and they won't have to rejoin the retirement system.

The members of the board shall receive a per diem of one hundred dollars ($100) for each day spent in attendance at meetings scheduled by the chairperson of the board for the purpose of fulfilling the duties of the board pursuant to this chapter, and shall be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties.
Notwithstanding any other provision of law, any member of the board who is also a member of, and is entitled to receive the benefits from, the Legislators’ Retirement System may elect to forego the compensation provided by this section and, if the compensation is foregone, the member shall not have his or her retirement benefits reduced and shall not be required to be reinstated into the retirement system.

Section § 19426

Explanation

The Governor has the authority to remove a board member if they are incompetent, neglect their duties, or are corrupt, but only after they are informed of the accusations and given a chance to defend themselves.

The Governor may remove any board member for incompetence, neglect of duty or corruption upon first giving him a copy of the charges against him and an opportunity to be heard.

Section § 19427

Explanation

This section states that the board is responsible for hiring enough employees to effectively implement the rules of the chapter.

The board shall appoint such employees as may be necessary to carry out the provisions of this chapter.

Section § 19428

Explanation

This law says that a board must hire an executive director. This director will get an annual salary set by the board, but it needs to be approved by the Department of Human Resources. The executive director acts as the board’s main officer and is responsible for doing the tasks given by the law and the board itself.

The board shall appoint an executive director who shall receive the annual salary established by the board and approved by the Department of Human Resources. The executive director shall be the board’s executive officer and shall carry out and execute the duties as specified by law and by the board.

Section § 19429

Explanation

This law states that a person can't be employed by the board if they, their spouse, or their dependent child has a financial interest in a horserace track, or has a financial interest or a management role in a company involved in parimutuel horseracing. It also disqualifies them if they have a financial interest in a contract with a company running parimutuel horseracing.

A person is disqualified from employment by the board if the person, the person’s spouse, or any dependent child thereof:
(a)CA Business & Professions Code § 19429(a) Holds a financial interest in a horserace track.
(b)CA Business & Professions Code § 19429(b) Holds a financial interest or position of management with an entity that conducts parimutuel horseracing.
(c)CA Business & Professions Code § 19429(c) Holds a financial interest in a management or concession contract with a business entity that conducts parimutuel horseracing.

Section § 19430

Explanation

This law states that the salaries and expenses of the executive director, board employees, and board members are paid each month. The payment comes from funds set aside for this purpose, and it's handled by the Treasurer based on paperwork from the Controller and approval from the board's chairperson.

The salaries of the executive director, and other employees of the board, the per diem allowance of members of the board, and the necessary traveling and other expenses of the executive director and members of the board, shall be paid monthly by the Treasurer on the warrant of the Controller and the certification of the chairperson of the board out of the money appropriated for that purpose.

Section § 19431

Explanation

This law sets up the rules for how the board operates. It must have a main office in Sacramento and can open other offices and hold meetings elsewhere if it benefits the public. Every decision made by voting will be recorded and shared online. For any official actions to be valid, at least four board members must agree.

(a)CA Business & Professions Code § 19431(a) The board shall establish and maintain a general office for the transaction of its business in Sacramento. The board may establish any branch office for the transaction of its business at a place to be determined by it, and may hold meetings at any other place within the state when the interests of the public may be better served.
(b)CA Business & Professions Code § 19431(b) A public record of every vote shall be maintained at the board’s general office and posted on the board’s internet website.
(c)CA Business & Professions Code § 19431(c) At least four members of the board shall concur in the taking of any official action or in the exercise of any of the board’s duties, powers, or functions.

Section § 19431.5

Explanation

This rule requires the board to post details online every week about any racehorses that die due to racing or training at a licensed facility.

The board shall publish, on a weekly basis on its internet website, all racehorse fatalities related to racing or training that occur within a licensed inclosure.

Section § 19432

Explanation

This law section states that the executive director is responsible for keeping detailed records of the board's activities, maintaining all board-related documents at their main office, and preparing any necessary notices and papers. The director also performs other duties as assigned by the board.

The executive director shall keep a full and true record of all proceedings of the board, preserve at the board’s general office all books, documents, and papers of the board, prepare for service such notices and other papers as may be required of him or her by the board, and perform such other duties as the board may prescribe.

Section § 19433

Explanation
The board has the authority to send accountants and other necessary people to check whether businesses with a license are following the rules.
The board may visit, investigate, and place expert accountants and such other persons as it may deem necessary in the office, track, or other place of business of any licensee for the purpose of satisfying itself that its rules and regulations are strictly complied with.

Section § 19434

Explanation

This law says the board in charge can decide how a licensed person's financial records and statements should be kept.

The board may require that the books and financial or other statements of any person licensed under this chapter shall be kept in any manner which to the board may seem best.

Section § 19435

Explanation

This law section permits the board, its executive director, or stewards to call upon witnesses or request documents needed to perform their duties effectively. They can also take sworn statements if necessary during their proceedings.

The board, its executive director, or the stewards, may issue subpoenas for the attendance of witnesses or the production of any records, books, memoranda, documents, or other papers or things, as is necessary to enable any of them to effectually discharge their duties, and may administer oaths or affirmations as necessary in connection therewith.

Section § 19436

Explanation
If someone is ordered to appear in court with a subpoena and they don't show up, don't bring the requested documents, or refuse to speak or provide evidence when they do, they're committing a misdemeanor.
Any person subpoenaed who fails to appear at the time and place specified in answer to the subpoena and to bring any papers or things specified in the subpoena, or who upon such appearance, refuses to testify, or produce such records or things, is guilty of a misdemeanor.

Section § 19437

Explanation

If anyone lies under oath during an official meeting or investigation conducted by the board, its executive director, or the stewards, they are committing a serious crime called perjury and will face the same punishment as outlined in the Penal Code for this offense.

Any person who testifies falsely under oath in any proceeding before, or any investigation by the board, its executive director, or the stewards, is guilty of a felony and shall be punished in the same manner prescribed by the Penal Code for the punishment of perjury.

Section § 19438

Explanation

If you're suing the executive director or the board, or if you need board records, you must deliver legal documents or subpoenas to the executive director or their representative at the board's main office in Sacramento.

All civil process in actions brought against the executive director or the board and all subpoenas for the production of board records shall be served upon the executive director or their designated representative at the board’s headquarters in Sacramento.

Section § 19439

Explanation

This law allows a board to request certifications, rather than sworn statements, for documents that are submitted to it. These certifications are made under penalty of perjury. If someone knowingly makes a false statement in such a certification, they are committing a serious crime called a felony, and they will face the same consequences as if they committed perjury according to the Penal Code.

In lieu of requiring an affidavit or other sworn statement in any application or other paper or document required to be filed with it, the board may require a certification thereof under the penalty of perjury, in such form as the board may prescribe.
Any person who willfully makes and subscribes any such certificate which is materially false in any particular is guilty of a felony, and shall be punished in the manner prescribed by the Penal Code for the punishment of perjury.

Section § 19440

Explanation

This law section details the powers and responsibilities of a board overseeing horse racing in California. The board has the authority to create and enforce regulations related to racehorse welfare, public safety, horse racing, and betting. It also handles disputes, issues licenses to racing entities, and allocates racing dates. The board can delegate some tasks to appointed officials, known as stewards, to help implement the chapter's purposes.

(a)CA Business & Professions Code § 19440(a) The board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of this chapter. Responsibilities of the board shall include, but not be limited to, all of the following:
(1)CA Business & Professions Code § 19440(a)(1) Adopting rules and regulations that protect and advance the health, safety, welfare, and aftercare of racehorses.
(2)CA Business & Professions Code § 19440(a)(2) Adopting rules and regulations for the protection of the public and the control of horse racing and parimutuel wagering.
(3)CA Business & Professions Code § 19440(a)(3) Administration and enforcement of all laws, rules, and regulations affecting horse racing and parimutuel wagering.
(4)CA Business & Professions Code § 19440(a)(4) Adjudication of controversies arising from the enforcement of those laws and regulations dealing with horse racing and parimutuel wagering.
(5)CA Business & Professions Code § 19440(a)(5) Licensing of each racing association and all persons, other than the public at large, who participate in a horse racing meeting with parimutuel wagering.
(6)CA Business & Professions Code § 19440(a)(6) Allocation of racing dates to qualified associations in accordance with law.
(b)CA Business & Professions Code § 19440(b) The board may delegate to stewards appointed pursuant to Article 5 (commencing with Section 19510) any of its powers and duties that are necessary to carry out fully and effectuate the purposes of this chapter.

Section § 19440.1

Explanation

This law allows the California board in charge of horseracing to partner with entities enforcing the Horseracing Integrity and Safety Act of 2020. The board can make agreements with both private and government organizations to help enforce rules on doping, medication control, and racetrack safety. Employees can represent in enforcement proceedings, and these agreements won't require following state contract laws. The board can also collect fees to help fund California's share of enforcing these rules and might choose to apply these federal standards to other horse breeds beyond thoroughbreds. 'The authority' here refers to the entity defined under U.S. law that manages these federal standards.

(a)Copy CA Business & Professions Code § 19440.1(a)
(1)Copy CA Business & Professions Code § 19440.1(a)(1) Notwithstanding any other law, the board may enter into agreements with the authority and any other private, state, or federal entity that is responsible for administering the federal Horseracing Integrity and Safety Act of 2020 (15 U.S.C. Sec. 3051 et seq.) for the purpose of providing services consistent with the enforcement of the horseracing antidoping and medication control program and the racetrack safety program, as authorized by Section 3054(e)(2) of Title 15 of the United States Code.
(2)CA Business & Professions Code § 19440.1(a)(2) Upon entering into an agreement pursuant to paragraph (1), the board’s employees and contractors are authorized to provide all services contracted for under the agreement, including, but not limited to, representation in any administrative adjudicative enforcement proceeding, and general enforcement of the authority’s horseracing antidoping and medication control program and racetrack safety program.
(3)CA Business & Professions Code § 19440.1(a)(3) An agreement entered into pursuant to paragraph (1) shall not be subject to state contracting laws or Department of General Services review or approval.
(b)CA Business & Professions Code § 19440.1(b) On behalf of the authority, the board may collect and remit fees assessed by the authority to fund California’s proportionate share of the authority’s horseracing antidoping and medication control program and racetrack safety program, as authorized by Section 3052(f) of Title 15 of the United States Code. If the board elects to collect and remit fees on behalf of the authority, the board shall allocate, assess, and collect the fees assessed by the authority from those associations and fairs subject to the authority’s jurisdiction in either of the following manners:
(1)CA Business & Professions Code § 19440.1(b)(1) From the remaining market access fees addressed by paragraph (5) of subdivision (f) of Section 19604, pursuant to the process described in subparagraph (E) of that paragraph.
(2)CA Business & Professions Code § 19440.1(b)(2) As part of the license fee established by Section 19616.51 using the methodology described in that section.
(c)CA Business & Professions Code § 19440.1(c) Notwithstanding any other law, the board may elect to subject breeds other than thoroughbreds to the federal Horseracing Integrity and Safety Act of 2020 (15 U.S.C. Sec. 3051 et seq.), as authorized by Section 3054(l) of Title 15 of the United States Code.
(d)CA Business & Professions Code § 19440.1(d) For purposes of this section, “the authority” has the same meaning as defined in Section 3051 of Title 15 of the United States Code.

Section § 19440.5

Explanation

This law requires annual audits of the financial records of horsemen’s organizations by a well-recognized accounting firm. These audits cover pension, administrative, and welfare funds. They must be completed within 90 days after the end of each fund's business year and sent to the relevant state committees. The organizations themselves have to pay for these audits.

An annual audit shall be conducted of the financial books and records of the horsemen’s organizations, including any subsidiaries of the horsemen’s organizations, by a nationally recognized accounting firm as follows:
(a)CA Business & Professions Code § 19440.5(a) With respect to pension funds received by those organizations pursuant to Sections 19533, 19613, and 19613.1, the audit shall be conducted within 90 days of the close of the fund’s business year. The audit shall cover the period of time since the last audit, and a copy thereof shall be filed with the board, and the Senate and Assembly Committees on Governmental Organization.
(b)CA Business & Professions Code § 19440.5(b) With respect to administrative funds and welfare funds received pursuant to Sections 19533, 19606.5, 19613, and 19641, the audit shall be conducted within 90 days of the close of the fund’s business year. The audit shall cover the period of time since the last audit, and a copy thereof shall be filed with the board, and the Senate and Assembly Committees on Governmental Organization.
(c)CA Business & Professions Code § 19440.5(c) The horsemen’s organizations shall bear the cost of the audit.

Section § 19441

Explanation

Each year, by January 31, the board must give a comprehensive report to the Governor and Legislature about its activities and the horse racing industry’s performance over the last fiscal year. The report should also include any suggestions for better enforcing or enhancing horse racing laws.

The board shall annually make a full report to the Governor and the Legislature of its proceedings and the state of the business of horse racing for the preceding fiscal year, on or before January 31, and shall embody therein any recommendations deemed needed for improved functioning of the horse racing laws.

Section § 19441.2

Explanation

This law requires the board to include certain information in its annual report, such as statistics on injuries and deaths and accident rates from racing and training venues they oversee. The report should also offer suggestions on how to improve worker safety through changes in racetrack design, equipment for jockeys, racing methods, and maintenance of tracks and facilities.

In its annual report required under Section 19441, the board shall include a tabulation of injuries, fatalities, and comparative accident rates for all racing and training venues within its jurisdiction. The report shall also include recommendations concerning the worker safety impacts of improvements in racetrack design, jockey equipment, racing procedures, and track and facility maintenance.

Section § 19442.2

Explanation

The rule requires that whenever a horse racing event takes place, at least one of the officials in charge, called stewards, should ideally be a former jockey for horse races or a former driver for harness races, if this is possible.

The board shall, if possible, designate at least one steward at each track where a horse racing meeting is conducted who is a former jockey or at least one steward at each track where a harness meeting is conducted who is a former driver.

Section § 19443

Explanation

The Attorney General and district attorneys are responsible for enforcing the rules laid out in this chapter as part of their law enforcement duties.

The Attorney General and every district attorney shall enforce this chapter in their capacities as law enforcement officers.

Section § 19444

Explanation

This section allows the board responsible for horse racing oversight to join relevant associations, gather and share important data about horse racing, and conduct research to enhance safety and integrity in the sport. They can pay fees to be part of professional groups that exchange information regarding race laws and licenses, compile and publish statistics about betting and horse breeding, and study ways to prevent accidents and detect illegal drugs in racehorses.

In performing its responsibilities pursuant to this chapter, the board may do the following:
(a)CA Business & Professions Code § 19444(a) Pay membership fees, join, and participate in the affairs of associations having for their purpose the interchange of information relating to racing law enforcement, the licensing of horse racing participants, the registration of race horses, and subjects relating to the duties of the board.
(b)CA Business & Professions Code § 19444(b) Tabulate, analyze, and publish statistical information based upon parimutuel handles, attendance, distribution of parimutuel proceeds among fees, commissions, purses, and awards, and upon the breeding and production of race horses or other information relating to parimutuel wagering.
(c)CA Business & Professions Code § 19444(c) Conduct research to determine more fully the cause and prevention of horse racing accidents, the effects of drug substances on the race horses, and the means for detection of foreign drug substances.

Section § 19446.1

Explanation

This law makes it clear that a veterinarian cannot give medications to any horse that is entering the same race where they have a personal horse or one they train. If a veterinarian breaks this rule, they can face punishments such as having their license denied, suspended, or revoked, being fined, or facing other disciplinary actions.

Notwithstanding any other provision of law, a veterinarian shall not administer medications to any horse entered in the same race in which a horse is entered which he or she owns or trains.
In addition to any penalty provided for by this chapter or any other law, a violation of this section by any licensed veterinarian shall be grounds for denial, revocation, or suspension of a license or imposition of a fine pursuant to Section 4883 and the veterinarian shall be subject to disciplinary action pursuant to Article 4 (commencing with Section 4875) of Chapter 11 of Division 2.

Section § 19447

Explanation

If there's a disagreement about consent that's taken to the board as specified in other sections, the board needs to hold a hearing. Despite other rules, this hearing can happen within 24 hours of being announced.

If a question of consent is appealed to the board under subdivision (a) of Section 19601 or subdivision (f) of Section 19605.3, the board shall hold a hearing on the appeal. Notwithstanding any other provision of law, the board may hold a hearing pursuant to this section within 24 hours of noticing the hearing.

Section § 19448

Explanation

This section requires the board to send fingerprint images and related info for certain individuals to the Department of Justice. This includes current or future employees, contractors, and license holders involved in racing activities. The Department of Justice then checks these fingerprints against state or federal records. The board's chief of licensing and enforcement can examine the criminal history of these individuals to decide if they are fit for their duties.

(a)CA Business & Professions Code § 19448(a) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all of the following individuals pursuant to subdivision (u) of Section 11105 of the Penal Code:
(1)CA Business & Professions Code § 19448(a)(1) A current or prospective employee.
(2)CA Business & Professions Code § 19448(a)(2) A current or prospective contractor.
(3)CA Business & Professions Code § 19448(a)(3) A current or prospective holder of a license issued pursuant Section 19480.
(4)CA Business & Professions Code § 19448(a)(4) A racing official, as defined in Section 19510.
(5)CA Business & Professions Code § 19448(a)(5) A current or prospective holder of a license issued pursuant to Article 5.5 (commencing with Section 19520).
(b)CA Business & Professions Code § 19448(b) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.
(c)CA Business & Professions Code § 19448(c) The board’s chief of licensing and enforcement may investigate the criminal history of all persons listed in subdivision (a) in order to make a final determination of a person’s fitness to perform duties.