Kamp, 062183 CAAGO, AGO 83-306

• Case Date: June 21, 1983
• Court: California

JOHN K. VAN DE KAMP Attorney General RODNEY O. LILYQUIST Deputy Attorney General AGO 83-306 No. 83-306 California Attorney General Opinion Office of the Attorney General State of California June 21, 1983          THE CALIFORNIA HORSE RACING BOARD has requested an opinion on the following question:          Does the California Horse Racing Board have the authority to adopt a regulation establishing a form of wagering in which a portion or all of the distributable net amount in the special sweepstakes pool is carried forward from day to day until a ticket is issued on the correct combination of selected horses?          CONCLUSION          The California Horse Racing Board has the authority to adopt a regulation establishing a form of wagering in which a portion or all of the distributable net amount in the special sweepstakes pool is carried forward from day to day until a ticket is issued on the correct combination of selected horses.          ANALYSIS          The Constitution gives express authority to the Legislature to "provide for the regulation of horse races and horse race meetings and wagering on the results." (Cal. Const., art. IV, § 19, subd. (b).)          In the exercise of this express grant of authority, the Legislature has enacted a comprehensive statutory scheme (Bus. & Prof. Code, §§ 19400-19667)1 known as the Horse Racing Law (§ 19400). The legislation is administered by the California Horse Racing Board ("Board") under the terms of sections 19420, 19440, and 19590.          Section 19420 states:

"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 19440 provides in part:

"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: "(1) Adopting rules and regulations for the protection of the public and the control of horseracing and parimutuel wagering; "(2) Administration and enforcement of all laws, rules and regulations affecting horseracing and parimutuel wagering; " ..................... " Section 19590 states: "The board shall adopt rules governing, permitting, and regulating mutuel wagering on horse races under a system known as the parimutuel method of wagering. Such wagering shall be conducted only by a person licensed under this chapter to conduct a horse racing meeting, and only within the enclosure and on the dates for which horse racing has been authorized by the board."

         The Legislature's delegation of authority to the Board covering all aspects of horseracing has been upheld by the Supreme Court. (Flores v. Los Angeles Turf Club (1961) 55 Cal.2d 736, 746; Sandstrom v. California Horse Racing Board (1948) 31 Cal.2d 401, 413; see also Jones v. Superior Court (1981) 114 Cal.App.3d 725, 728-729; 36 Ops.Cal.Atty. Gen. 150, 151-152 (1960).)          The question presented for analysis is whether the Board may adopt a regulation establishing a form of wagering in which all or a portion of the "distributable net...