Article 2 - General Administration and Enforcement

California Business and Professions Code — §§ 19420-19448

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Sections (33)

Repealed and added by Stats. 1959, Ch. 1828.

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.

Amended by Stats. 1980, Ch. 1043, Sec. 7.2.

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.

Repealed and added by Stats. 1959, Ch. 1828.

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

Amended by Stats. 2000, Ch. 1082, Sec. 18. Effective January 1, 2001.

A person is disqualified from membership on the board if the person, the person’s spouse or any dependent child thereof:

(a)Holds a financial interest in any horse racing track.
(b)Holds a financial interest or position of management with any business entity which conducts parimutuel horse racing.
(c)Holds a financial interest in a management or concession contract with any business entity which conducts parimutuel horse racing.

Repealed and added by Stats. 1959, Ch. 1828.

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.

Amended by Stats. 2000, Ch. 1082, Sec. 19. Effective January 1, 2001.

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.

Amended by Stats. 1985, Ch. 942, Sec. 1.

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.

Amended by Stats. 1977, Ch. 1080.

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.

Repealed and added by Stats. 1959, Ch. 1828.

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

Amended by Stats. 2012, Ch. 665, Sec. 4. (SB 1308) Effective January 1, 2013.

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.

Amended by Stats. 1977, Ch. 1080.

A person is disqualified from employment by the board if the person, the person’s spouse, or any dependent child thereof:

(a)Holds a financial interest in a horserace track.
(b)Holds a financial interest or position of management with an entity that conducts parimutuel horseracing.
(c)Holds a financial interest in a management or concession contract with a business entity that conducts parimutuel horseracing.

Amended by Stats. 2000, Ch. 1082, Sec. 21. Effective January 1, 2001.

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.

Amended by Stats. 2021, Ch. 536, Sec. 1. (AB 1587) Effective January 1, 2022.

(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)A public record of every vote shall be maintained at the board’s general office and posted on the board’s internet website.
(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.

Added by Stats. 2020, Ch. 252, Sec. 2. (SB 800) Effective January 1, 2021.

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.

Amended by Stats. 2000, Ch. 1082, Sec. 22. Effective January 1, 2001.

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.

Repealed and added by Stats. 1959, Ch. 1828.

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.

Repealed and added by Stats. 1959, Ch. 1828.

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.

Amended by Stats. 2000, Ch. 1082, Sec. 23. Effective January 1, 2001.

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.

Repealed and added by Stats. 1963, Ch. 1835.

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.

Amended by Stats. 2000, Ch. 1082, Sec. 24. Effective January 1, 2001.

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.

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