BILL NUMBER: AB 2276	CHAPTERED  07/06/04

	CHAPTER  99
	FILED WITH SECRETARY OF STATE  JULY 6, 2004
	APPROVED BY GOVERNOR  JULY 5, 2004
	PASSED THE SENATE  JUNE 21, 2004
	PASSED THE ASSEMBLY  MAY 17, 2004

INTRODUCED BY   Assembly Member Dymally

                        FEBRUARY 19, 2004

   An act to amend Section 19641.2 of the Business and Professions
Code, relating to horse racing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2276, Dymally.  Horse racing:  backstretch workers.
   Existing law establishes a welfare fund for the benefit of
backstretch personnel and horsemen, and requires that every employer
of backstretch workers, upon request, submit or provide access to the
administrator of the welfare program any employment records
necessary for prompt payment of benefits and proper administration of
the program.
   This bill would require those employers, upon request, to submit
in writing or electronically to the administrator of the welfare
program any employment records necessary for prompt payment of
benefits and proper administration of the program.  It would
separately require those employers to provide the administrator of
the program access to those records.


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


  SECTION 1.  Section 19641.2 of the Business and Professions Code is
amended to read:
   19641.2.  (a) The nonprofit foundation authorized to receive funds
pursuant to Section 19641 shall use those funds to administer a
health and welfare trust fund without prejudice and for the benefit
of every eligible person. The officers and directors of the health
and welfare trust fund shall have a fiduciary responsibility to
manage the fund for the benefit of the beneficiaries.
   (b) Every employer of backstretch workers shall, upon request,
submit in writing or electronically to the administrator of the
welfare program for backstretch workers any employment records
necessary for prompt payment of benefits and proper administration of
the program.  Upon request, employers shall also provide to the
administrator access to any employment records necessary for prompt
payment of benefits and proper administration of the program.
   (c) At least one member of the health and welfare fund board shall
be a member without financial interest in the horse racing industry
appointed from a list of nominees submitted jointly by the California
State Council of the Service Employees International Union, the
Jockey's Guild, and the California Teamsters Public Affairs Council.

   (d) Nothing in this section is intended to affect the status of
the welfare fund as a charity under Section 501(c)(3) of the federal
Internal Revenue Code or it compliance with the Charitable Purposes
Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2
of Division 3 of Title 2 of the Government Code).