BILL NUMBER: AB 2869	CHAPTERED  09/26/02

	CHAPTER  924
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2002
	PASSED THE ASSEMBLY  AUGUST 30, 2002
	PASSED THE SENATE  AUGUST 29, 2002
	AMENDED IN SENATE  AUGUST 26, 2002
	AMENDED IN ASSEMBLY  APRIL 11, 2002

INTRODUCED BY   Assembly Member Horton

                        FEBRUARY 25, 2002

   An act to  add Sections 19533.6 and 19614.3 to the Business and
Professions Code, relating to horse racing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2869, Horton.  Horse racing.
   Existing law permits mule races to be conducted by any county
fair, district agricultural association fair, or citrus fruit fair,
under specified circumstances.  Existing law provides that a license
to conduct a racing meeting granted to an association other than a
fair shall be for only one type of racing, except where specified.
   This bill would provide that a racing association licensed to
conduct a live quarter horse racing meeting may also conduct mule
racing at that meeting, with the approval of the California Horse
Racing Board, and subject to other specified conditions.
   Existing law requires thoroughbred racing associations to pay out
certain percentages of the total amount handled, and of the portion
deducted from the parimutuel pool, for license fees, purses, and
commissions, as specified.
   This bill would allow a thoroughbred racing association and the
organization representing thoroughbred horsemen to agree to reduce
the portion deducted from the parimutuel pool for purses and
commissions provided that the change only affect funds available for
purses and commissions.  This bill would also provide that any
collective bargaining agreement premised in part on the amount of
commissions earned would continue to be calculated based on the
amount of commissions that would have been earned had this provision
not become law.  It would make an agreement to reduce the portion
deducted from the parimutuel pool for purses and commissions subject
to the approval of the California Horse Racing Board, and would
prohibit that approval unless notice has been given to any labor
organization that could be affected by the agreement.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 19533.6 is added to the Business and
Professions Code, to read:
   19533.6.  Notwithstanding Section 19533, the board may authorize
any racing association licensed to conduct a live quarter horse
racing meeting to also conduct mule racing at that racing meeting,
subject to the following conditions:
   (a) Mule races may only be conducted when a fair is not licensed
to conduct live races with parimutuel wagering.
   (b) The consent of the quarter horse horsemen's organization
contracting with the association shall be obtained with respect to
the inclusion of mule racing.
   (c) The majority of the races conducted on any given racing day
shall be quarter horse races.
   (d) A quarter horse association may conduct mule races provided
that the total number of Arabian and mule races run in a year do not
exceed the total number of Arabian races run in the state in 2001.
   (e) An Arabian race with seven or more entries shall not be
replaced by mule race, without the consent of the organization that
represents Arabian horsemen and horsewomen.
  SEC. 2.  Section 19614.3 is added to the Business and Professions
Code, to read:
   19614.3.  (a) Notwithstanding any other provision of law, a racing
association and the organization representing horsemen may agree to
reduce the portion deducted from the parimutuel pool for purses and
commissions, provided that the change only affect funds available for
purses and commissions.
   (b) Any collective bargaining agreement that is premised in part
on the amount of commissions earned shall continue to be calculated
based on the amount of commissions that would have been earned had
this section not become law.
   (c) An agreement by a horsemen's organization and a racing
association to reduce the portion deducted from the parimutuel pool
for purses and commissions is subject to the approval of the
California Horse Racing Board, and may not be approved unless notice
has been given to any labor organization that could be affected by
the agreement.