BILL NUMBER: AB 1152	CHAPTERED
	BILL TEXT

	CHAPTER  53
	FILED WITH SECRETARY OF STATE  JULY 9, 2010
	APPROVED BY GOVERNOR  JULY 9, 2010
	PASSED THE SENATE  JUNE 17, 2010
	PASSED THE ASSEMBLY  JUNE 28, 2010
	AMENDED IN SENATE  JUNE 3, 2010
	AMENDED IN SENATE  MAY 18, 2010
	AMENDED IN SENATE  APRIL 21, 2010
	AMENDED IN SENATE  APRIL 14, 2010
	AMENDED IN SENATE  MARCH 8, 2010
	AMENDED IN SENATE  JULY 8, 2009
	AMENDED IN ASSEMBLY  MAY 18, 2009

INTRODUCED BY   Assembly Member Anderson
   (Principal coauthor: Assembly Member Portantino)
   (Principal coauthor: Senator Huff)
   (Coauthor: Assembly Member Ma)

                        FEBRUARY 27, 2009

   An act to amend Sections 19510, 19520, and 19604 of, and to add
Section 19532.2 to, the Business and Professions Code, relating to
horse racing, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1152, Anderson. Horse racing.
   Existing law, effective January 1, 2011, requires an outrider to
be licensed by the California Horse Racing Board pursuant to certain
provisions of law relating to stewards and racing officials.
   This bill would delete the requirement that outriders be licensed
under those provisions.
   Existing law requires certain persons who participate in, or have
anything to do with, the racing of horses to be licensed by the board
pursuant to rules and regulations that the board may adopt, and upon
the payment of a license fee fixed and determined by the board.
   This bill would require the licensure of outriders pursuant to
those provisions. By requiring outriders to be licensed, the
violation of which would be a crime pursuant to other provisions of
existing law, this bill would create new crimes and would thereby
impose a state-mandated local program.
   This bill would authorize the board to adopt regulations to
require outrider license applicants to pass both a written and an
oral examination and to authorize outriders to exercise certain
duties and powers of the board as are delegated by the board.
   Existing law generally authorizes the board to allocate race
dates, as specified.
   This bill would provide that notwithstanding any other provision
of law, commencing July 1, 2010, if a racetrack located in the
central zone is not available for use by a thoroughbred association
that was licensed by the board to conduct a live race meet at that
racetrack in 2009, the board shall be authorized to allocate racing
dates to that association to be operated at a racetrack in the
central zone or the southern zone for racing in 2010, or thereafter,
in accordance with the rules and regulations of the board.
   Existing law authorizes advance deposit wagering to be conducted,
with the approval of the board. Existing law requires amounts
distributed under certain provisions of law relating to advance
deposit wagering to be proportionally reduced by an amount equal to
0.00295 multiplied by the amount handled on advance deposit wagers
originating in California for each racing meeting, not to exceed
$2,000,000.
   This bill would exempt from that calculation amounts handled on
advance deposit wagers originating in California for harness racing
meetings.
   Existing law requires the amount deducted, as per the above
calculation, to be distributed as specified, with 50% of the money to
the board to establish and to administer jointly with a certain
jockey organization, a defined contribution retirement plan for
California-licensed jockeys who retired from racing on or after
January 1, 2009, and who, as of the date of retirement, had ridden in
a minimum of 1,250 parimutuel races conducted in California.
   This bill would delete that requirement relating to a minimum
number of races ridden.
   This bill would require amounts distributed under certain
provisions of law relating to advance deposit wagering to be
proportionally reduced by an amount equal to 0.00295 multiplied by
the amount handled on advance deposit wagers originating in
California for each harness racing meeting, not to exceed $500,000.
The bill would require the amount deducted to be distributed to a
certain welfare fund established for the benefit of horsemen and
backstretch personnel, as provided, and the amount remaining, if any,
for the benefit of the horsemen, as specified. By imposing new
requirements on licensees under the Horse Racing Law, the violation
of which would be a crime, this bill would create new crimes and
would thereby impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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

  SECTION 1.  Section 19510 of the Business and Professions Code, as
amended by Section 1 of Chapter 650 of the Statutes of 2009, is
amended to read:
   19510.  (a) Every steward and racing official not required to be
licensed under Article 4 (commencing with Section 19480) shall be
licensed by the board pursuant to this article. Any license issued
pursuant to this article shall include a current photograph of the
licensed person.
   (b) No person required to be licensed pursuant to this article may
participate in any capacity in any horse race meeting without a
valid and unrevoked license. The board shall determine the fixed
license fee which shall be paid in order to receive a license
pursuant to this article.
   (c) As used in this section, "racing official" means the starter,
timer, paddock judge, horseshoe inspector, horse identifier, official
veterinarian, racing veterinarian, associate judge, placing judge,
patrol judge, clerk of scales, clerk of the course, and any other
person acting as an official at any horse racing meeting.
  SEC. 2.  Section 19520 of the Business and Professions Code is
amended to read:
   19520.  (a) Every person not required to be licensed under Article
4 (commencing with Section 19480) who participates in, or has
anything to do with, the racing of horses, including a horse owner,
jockey, driver, apprentice, exercise rider, agent trainer, stable
foreman, groom, valet, horseshoer, stable watchman, outrider, and
every employee of a parimutuel department, shall be licensed by the
board pursuant to rules and regulations that the board may adopt, and
upon the payment of a license fee fixed and determined by the board.
Any license issued pursuant to this article shall include a current
photograph of the licensed person.
   (b) No person required to be licensed by this article may
participate in any capacity in any horse race meeting without a valid
and unrevoked license authorizing the participation.
   (c) The board may adopt regulations to require outrider license
applicants to pass both a written and an oral examination and to
authorize outriders to exercise the duties and powers of the board
set forth in Section 19440 as are delegated by the board.
  SEC. 3.  Section 19532.2 is added to the Business and Professions
Code, to read:
   19532.2.  Notwithstanding any other provision of law, commencing
July 1, 2010, if a racetrack located in the central zone is not
available for use by a thoroughbred association that was licensed by
the board to conduct a live race meet at that racetrack in 2009, the
board shall be authorized to allocate racing dates to that
association to be operated at a racetrack in the central zone or
southern zone for racing in 2010, or thereafter, in accordance with
the rules and regulations of the California Horse Racing Board,
provided however, that the number of racing dates allocated pursuant
to this section does not exceed the number of racing dates that
became unavailable at the central zone racetrack.
  SEC. 4.  Section 19604 of the Business and Professions Code is
amended to read:
   19604.  The board may authorize any racing association, racing
fair, betting system, or multijurisdictional wagering hub to conduct
advance deposit wagering in accordance with this section. Racing
associations, racing fairs, and their respective horsemen's
organizations may form a partnership, joint venture, or any other
affiliation in order to further the purposes of this section.
   (a) As used in this section, the following definitions apply:
   (1) "Advance deposit wagering" (ADW) means a form of parimutuel
wagering in which a person residing within California or outside of
this state establishes an account with an ADW provider, and
subsequently issues wagering instructions concerning the funds in
this account, thereby authorizing the ADW provider holding the
account to place wagers on the account owner's behalf.
   (2) "ADW provider" means a licensee, betting system, or
multijurisdictional wagering hub, located within California or
outside this state, that is authorized to conduct advance deposit
wagering pursuant to this section.
   (3) "Betting system" means a business conducted exclusively in
this state that facilitates parimutuel wagering on races it
simulcasts and other races it offers in its wagering menu.
   (4) "Breed of racing" means as follows:
   (A) With respect to associations and fairs licensed by the board
to conduct thoroughbred, fair, or mixed breed race meetings, "breed
of racing" shall mean thoroughbred.
   (B) With respect to associations licensed by the board to conduct
quarter horse race meetings, "breed of racing" shall mean quarter
horse.
   (C) With respect to associations and fairs licensed by the board
to conduct standardbred race meetings, "breed of racing" shall mean
standardbred.
   (5) "Contractual compensation" means the amount paid to an ADW
provider from advance deposit wagers originating in this state.
Contractual compensation includes, but is not limited to, hub fee
payments, and may include host fee payments, if any, for out-of-state
and out-of-country races. Contractual compensation is subject to the
following requirements:
   (A) Excluding contractual compensation for host fee payments,
contractual compensation shall not exceed 6.5 percent of the amount
wagered.
   (B) The host fee payments included within contractual compensation
shall not exceed 3.5 percent of the amount wagered. Notwithstanding
this provision, the host fee payment with respect to wagers on the
Kentucky Derby, Preakness Stakes, Belmont Stakes, and selected
Breeders' Cup Championship races may be negotiated by the ADW
provider, the racing associations accepting wagers on those races
pursuant to Section 19596.2, and the horsemen's organization.
   (C) In order to ensure fair and consistent market access fee
distributions to associations, fairs, horsemen, and breeders, for
each breed of racing, the percentage of wagers paid as contractual
compensation to an ADW provider pursuant to the terms of a hub
agreement with a racing association or fair when that racing
association or fair is conducting live racing shall be the same as
the percentage of wagers paid as contractual compensation to that ADW
provider when that racing association or fair is not conducting live
racing.
   (6) "Horsemen's organization" means, with respect to a particular
racing meeting, the organization recognized by the board as
responsible for negotiating purse agreements on behalf of horsemen
participating in that racing meeting.
   (7) "Hub agreement" means a written agreement providing for
contractual compensation paid with respect to advance deposit wagers
placed by California residents on a particular breed of racing
conducted outside of California. In the event a hub agreement exceeds
a term of two years, then an ADW provider, one or more racing
associations or fairs that together conduct no fewer than five weeks
of live racing for the breed covered by the hub agreement, and the
horsemen's organization responsible for negotiating purse agreements
for the breed covered by the hub agreement shall be signatories to
the hub agreement. A hub agreement is required for an ADW provider to
receive contractual compensation for races conducted outside of
California.
   (8) "Hub agreement arbitration" means an arbitration proceeding
pursuant to which the disputed provisions of the hub agreement
pertaining to the hub or host fees from wagers on races conducted
outside of California provided pursuant to paragraph (2) of
subdivision (b) are determined in accordance with the provisions of
this paragraph. If a hub agreement arbitration is requested, all of
the following shall apply:
   (A) The ADW provider shall be permitted to accept advance deposit
wagers from California residents.
   (B) The contractual compensation received by the ADW provider
shall be the contractual compensation specified in the hub agreement
that is the subject of the hub agreement arbitration.
   (C) The difference between the contractual compensation specified
in subparagraph (B) and the contractual compensation determined to be
payable at the conclusion of the hub agreement arbitration shall be
calculated and paid within 15 days following the arbitrator's
decision and order. The hub agreement arbitration shall be held as
promptly as possible, but in no event more than 60 days following the
demand for that arbitration. The arbitrator shall issue a decision
no later than 15 days following the conclusion of the arbitration. A
single arbitrator jointly selected by the ADW provider and the party
requesting a hub agreement arbitration shall conduct the hub
agreement arbitration. However, if the parties cannot agree on the
arbitrator within seven days of issuance of the written demand for
arbitration, then the arbitrator shall be selected pursuant to the
Streamlined Arbitration Rules and Procedures of the Judicial
Arbitration and Mediation Services, or pursuant to the applicable
rules of its successor organization. In making the hub agreement
arbitration determination, the arbitrator shall be required to choose
between the contractual compensation of the hub agreement agreed to
by the ADW provider or whatever different terms for the hub agreement
were proposed by the party requesting the hub agreement arbitration.
The arbitrator shall not be permitted to impose new, different, or
compromised terms to the hub agreement. The arbitrator's decision
shall be final and binding on the parties. If an arbitration is
requested, either party may bring an action in state court to compel
a party to go into arbitration or to enforce the decision of the
arbitrator. The cost of the hub agreement arbitration, including the
cost of the arbitrator, shall be borne in equal shares by the parties
to the hub agreement and the party or parties requesting a hub
agreement arbitration. The hub agreement arbitration shall be
administered by the Judicial Arbitration and Mediation Services
pursuant to its Streamlined Arbitration Rules and Procedures or its
successor organization.
   (9) "Incentive awards" means those payments provided for in
Sections 19617.2, 19617.7, 19617.8, 19617.9, and 19619. The amount
determined to be payable for incentive awards under this section
shall be payable to the applicable official registering agency and
thereafter distributed as provided in this chapter.
   (10) "Licensee" means any racing association or fair licensed to
conduct a live racing meet in this state, or affiliation thereof,
authorized under this section.
   (11) "Market access fee" means the amount of advance deposit
wagering handle remaining after the payment of winning wagers, and
after the payment of contractual compensation, if any, to an ADW
provider. Market access fees shall be distributed in accordance with
subdivision (f).
   (12) "Multijurisdictional wagering hub" means a business conducted
in more than one jurisdiction that facilitates parimutuel wagering
on races it simulcasts and other races it offers in its wagering
menu.
   (13) "Racing fair" means a fair authorized by the board to conduct
live racing.
   (14) "Zone" means the zone of the state, as defined in Section
19530.5, except as modified by the provisions of subdivision (f) of
Section 19601. For these purposes, the central and southern zones
shall together be considered one zone.
   (b) Wagers shall be accepted according to the procedures set forth
in this subdivision.
   (1) No ADW provider shall accept wagers or wagering instructions
on races conducted in California from a resident of California unless
all of the following conditions are met:
   (A) The ADW provider is licensed by the board.
   (B) A written agreement allowing those wagers exists with the
racing association or fair conducting the races on which the wagers
are made.
   (C) The agreement referenced in subparagraph (B) shall have been
approved in writing by the horsemen's organization responsible for
negotiating purse agreements for the breed on which the wagers are
made in accordance with the Interstate Horseracing Act (15 U.S.C.
Sec. 3001, et seq.), regardless of the location of the ADW provider,
whether in California or otherwise, including, without limitation,
any and all requirements contained therein with respect to written
consents and required written agreements of horsemen's groups to the
terms and conditions of the acceptance of those wagers and any
arrangements as to the exclusivity between the host racing
association or fair and the ADW provider. For purposes of this
subdivision, the substantive provisions of the Interstate Horseracing
Act shall be taken into account without regard to whether, by its
own terms, that act is applicable to advance deposit wagering on
races conducted in California accepted from residents of California.
   (2) No ADW provider shall accept wagers or wagering instructions
on races conducted outside of California from a resident of
California unless all of the following conditions are met:
   (A) The ADW provider is licensed by the board.
   (B) There is a hub agreement between the ADW provider and one or
both of (i) one or more racing associations or fairs that together
conduct no fewer than five weeks of live racing on the breed on which
wagering is conducted during the calendar year during which the
wager is placed, and (ii) the horsemen's organization responsible for
negotiating purse agreements for the breed on which wagering is
conducted.
   (C) If the parties referenced in clauses (i) and (ii) of
subparagraph (B) are both signatories to the hub agreement, then no
party shall have the right to request a hub agreement arbitration.
   (D) If only the party or parties referenced in clause (i) of
subparagraph (B) is a signatory to the hub agreement, then the
signatories to the hub agreement shall, within five days of execution
of the hub agreement, provide a copy of the hub agreement to the
horsemen's organization responsible for negotiating purse agreements
for the breed on which wagering is conducted for each race conducted
outside of California on which California residents may place advance
deposit wagers. Prior to receipt of the hub agreement, the horsemen'
s organization shall sign a nondisclosure agreement with the ADW
provider agreeing to hold confidential all terms of the hub
agreement. If the horsemen's organization wants to request a hub
agreement arbitration, it shall send written notice of its election
to the signatories to the hub agreement within 10 days after receipt
of the copy of the hub agreement, and shall provide its alternate
proposal to the hub and host fees specified in the hub agreement with
that written notice. If the horsemen's organization does not provide
that written notice within the 10-day period, then no party shall
have the right to request a hub agreement arbitration. If the
horsemen's organization does provide that written notice within the
10-day period, then the ADW provider shall have 10 days to elect in
writing to do one of the following:
   (i) Abandon the hub agreement.
   (ii) Accept the alternate proposal submitted by the horsemen's
organization.
   (iii) Proceed with a hub agreement arbitration.
   (E) If only the party referenced in clause (ii) of subparagraph
(B) is a signatory to the hub agreement, then the signatories to the
hub agreement shall, within five days of execution of the hub
agreement, provide written notice of the host and hub fees applicable
pursuant to the hub agreement for each race conducted outside of
California on which California residents may place advance deposit
wagers, which notice shall be provided to all racing associations and
fairs conducting live racing of the same breed covered by the hub
agreement. If any racing association or fair wants to request a hub
agreement arbitration, it shall send written notice of its election
to the signatories to the hub agreement within 10 days after receipt
of the notice of host and hub fees. It shall also provide its
alternate proposal to the hub and host fees specified in the hub
agreement with the notice of its election. If more than one racing
association or fair provides notice of their request for hub
agreement arbitration, those racing associations or fairs, or both,
shall have a period of five days to jointly agree upon which of their
alternate proposals shall be the official proposal for purposes of
the hub agreement arbitration. If one or more racing associations or
fairs that together conduct no fewer than five weeks of live racing
on the breed on which wagering is conducted during the calendar year
during which the wager is placed does not provide written notice of
their election to arbitrate within the 10-day period, then no party
shall have the right to request a hub agreement arbitration. If a
valid hub agreement arbitration request is made, then the ADW
provider shall have 10 days to elect in writing to do one of the
following:
   (i) Abandon the hub agreement.
   (ii) Accept the alternate proposal submitted by the racing
associations or fairs.
   (iii) Proceed with a hub agreement arbitration.
   The results of any hub agreement arbitration elected pursuant to
this subdivision shall be binding on all other associations and fairs
conducting live racing on that breed.
   (F) The acceptance thereof is in compliance with the provisions of
the Interstate Horseracing Act (15 U.S.C. Sec. 3001, et seq.),
regardless of the location of the ADW provider, whether in California
or otherwise, including, without limitation, any and all
requirements contained therein with respect to written consents and
required written agreements of horsemen's groups to the terms and
conditions of the acceptance of such wagers and any arrangements as
to the exclusivity between the host racing association or fair and
the ADW provider.
   (c) An advance deposit wager may be made only by the ADW provider
holding the account pursuant to wagering instructions issued by the
owner of the funds communicated by telephone call or through other
electronic media. The ADW provider shall ensure the identification of
the account's owner by using methods and technologies approved by
the board. Any ADW provider that accepts wagering instructions
concerning races conducted in California, or accepts wagering
instructions originating in California, shall provide a full
accounting and verification of the source of the wagers thereby made,
including the postal ZIP Code and breed of the source of the wagers,
in the form of a daily download of parimutuel data to a database
designated by the board. The daily download shall be delivered in a
timely basis using file formats specified by the database designated
by the board, and shall include any and all data necessary to
calculate and distribute moneys according to the rules and
regulations governing California parimutuel wagering. Any and all
reasonable costs associated with the creation, provision, and
transfer of this data shall be borne by the ADW provider.
   (d) (1) (A) The board shall develop and adopt rules to license and
regulate all phases of operation of advance deposit wagering for ADW
providers operating in California.
   (B) The board shall not approve an application for an original or
renewal license as an ADW provider unless the entity, if requested in
writing by a bona fide labor organization no later than 90 days
prior to licensing, has entered into a contractual agreement with
that labor organization that provides all of the following:
   (i) The labor organization has historically represented employees
who accept or process any form of wagering at the nearest horse
racing meeting located in California.
   (ii) The agreement establishes the method by which the ADW
provider will agree to recognize and bargain in good faith with a
labor organization which has demonstrated majority status by
submitting authorization cards signed by those employees who accept
or process any form of wagering for which a California ADW license is
required.
   (iii) The agreement requires the ADW provider to maintain its
neutrality concerning the choice of those employees who accept or
process any form of wagering for which a California ADW license is
required whether or not to authorize the labor organization to
represent them with regard to wages, hours, and other terms and
conditions of employment.
   (iv) The agreement applies to those classifications of employees
who accept or process wagers for which a California ADW license is
required whether the facility is located within or outside of
California.
   (C) (i) The agreement required by subparagraph (B) shall not be
conditioned by either party upon the other party agreeing to matters
outside the requirements of subparagraph (B).
   (ii) The requirement in subparagraph (B) shall not apply to an ADW
provider which has entered into a collective bargaining agreement
with a bona fide labor organization that is the exclusive bargaining
representative of employees who accept or process parimutuel wagers
on races for which an ADW license is required whether the facility is
located within or outside of California.
   (D) Permanent state or county employees and nonprofit
organizations that have historically performed certain services at
county, state, or district fairs may continue to provide those
services.
   (E) Parimutuel clerks employed by racing associations or fairs or
employees of ADW providers who accept or process any form of wagers
who are laid off due to lack of work shall have preferential hiring
rights for new positions with their employer in occupations whose
duties include accepting or processing any form of wagers, or the
operation, repair, service, or maintenance of equipment that accepts
or processes any form of wagering at a racetrack, satellite wagering
facility, or ADW provider licensed by the board. The preferential
hiring rights established by this subdivision shall be conditioned
upon the employee meeting the minimum qualification requirements of
the new job.
   (2) The board shall develop and adopt rules and regulations
requiring ADW providers to establish security access policies and
safeguards, including, but not limited to, the following:
   (A) The ADW provider shall use board-approved methods to perform
location and age verification confirmation with respect to persons
establishing an advance deposit wagering account.
   (B) The ADW provider shall use personal identification numbers
(PINs) or other technologies to assure that only the accountholder
has access to the advance deposit wagering account.
   (C) The ADW provider shall provide for withdrawals from the
wagering account only by means of a check made payable to the
accountholder and sent to the address of the accountholder or by
means of an electronic transfer to an account held by the verified
accountholder or the accountholder may withdraw funds from the
wagering account at a facility approved by the board by presenting
verifiable account identification information.
   (D) The ADW provider shall allow the board access to its premises
to visit, investigate, audit, and place expert accountants and other
persons it deems necessary for the purpose of ensuring that its rules
and regulations concerning credit authorization, account access, and
other security provisions are strictly complied with. To ensure that
the amounts retained from the parimutuel handle are distributed
under law, rules, or agreements, any ADW provider that accepts
wagering instructions concerning races conducted in California or
accepts wagering instructions originating in California shall provide
an independent "agreed-upon procedures" audit for each California
racing meeting, within 60 days of the conclusion of the race meeting.
The auditing firm to be used and the content and scope of the audit,
including host fee obligations, shall be set forth in the applicable
agreement. The ADW provider shall provide the board, horsemen's
organizations, and the host racing association with an annual
parimutuel audit of the financial transactions of the ADW provider
with respect to wagers authorized pursuant to this section, prepared
in accordance with generally accepted auditing standards and the
requirements of the board. Any and all reasonable costs associated
with those audits shall be borne by the ADW provider.
   (3) The board shall prohibit advance deposit wagering advertising
that it determines to be deceptive to the public. The board shall
also require, by regulation, that every form of advertising contain a
statement that minors are not allowed to open or have access to
advance deposit wagering accounts.
   (e) In order for a licensee, betting system, or
multijurisdictional wagering hub to be approved by the board as an
ADW provider, it shall meet both of the following requirements:
   (1) All wagers thereby made shall be included in the appropriate
parimutuel pool under a contractual agreement with the applicable
host track.
   (2) The amounts deducted from advance deposit wagers shall be in
accordance with the provisions of this chapter.
   (f) After the payment of contractual compensation, the amounts
received as market access fees from advance deposit wagers, which
shall not be considered for purposes of Section 19616.51, shall be
distributed as follows:
   (1) An amount equal to 0.0011 multiplied by the amount handled on
advance deposit wagers originating in California for each racing
meeting shall be distributed to the Center for Equine Health to
establish the Kenneth L. Maddy Fund for the benefit of the School of
Veterinary Medicine at the University of California at Davis.
   (2) An amount equal to 0.0003 multiplied by the amount handled on
advance deposit wagers originating in California for each racing
meeting shall be distributed to the Department of Industrial
Relations to cover costs associated with audits conducted pursuant to
Section 19526 and for the purposes of reimbursing the State
Mediation and Conciliation Service for costs incurred pursuant to
this section. However, if that amount would exceed the costs of the
Department of Industrial Relations, the amount distributed to the
department shall be reduced, and that reduction shall be forwarded to
an organization designated by the racing association or fair
described in subdivision (a) for the purpose of augmenting a
compulsive gambling prevention program specifically addressing that
problem.
   (3) An amount equal to 0.00165 multiplied by the amount handled on
advance deposit wagers that originate in California for each racing
meeting shall be distributed as follows:
   (A) One-half of the amount shall be distributed to supplement the
trainer-administered pension plans for backstretch personnel
established pursuant to Section 19613. Moneys distributed pursuant to
this subparagraph shall supplement,
          and not supplant, moneys distributed to that fund pursuant
to Section 19613 or any other provision of law.
   (B) One-half of the amount shall be distributed to the welfare
fund established for the benefit of horsemen and backstretch
personnel pursuant to subdivision (b) of Section 19641. Moneys
distributed pursuant to this subparagraph shall supplement, and not
supplant, moneys distributed to that fund pursuant to Section 19641
or any other provision of law.
   (4) With respect to wagers on each breed of racing that originate
in California, an amount equal to 2 percent of the first two hundred
fifty million dollars ($250,000,000) of handle from all advance
deposit wagers originating from within California annually, an amount
equal to 1.5 percent of the next two hundred fifty million dollars
($250,000,000) of handle from all advance deposit wagers originating
from within California annually, an amount equal to 1 percent of the
next two hundred fifty million dollars ($250,000,000) of handle from
all advance deposit wagers originating from within California
annually, and an amount equal to 0.50 percent of handle from all
advance deposit wagers originating from within California in excess
of seven hundred fifty million dollars ($750,000,000) annually, shall
be distributed as satellite wagering commissions. Satellite wagering
facilities that were not operational in 2001, other than one each in
the Cities of Inglewood and San Mateo, and two additional facilities
each operated by the Alameda County Fair and the Los Angeles County
Fair and their partners and other than existing facilities which are
relocated, are not eligible for satellite wagering commission
distributions under this section. The satellite wagering facility
commissions calculated in accordance with this subdivision shall be
distributed to each satellite wagering facility and racing
association or fair in the zone in which the wager originated in the
same relative proportions that the satellite wagering facility or the
racing association or fair generated satellite commissions during
the previous calendar year. If there is a reduction in the satellite
wagering commissions pursuant to this section, the benefits therefrom
shall be distributed equitably as purses and commissions to all
associations and racing fairs generating advance deposit wagers in
proportion to the handle generated by those associations and racing
fairs. If a satellite wagering facility is permanently closed other
than for renovation or remodeling, or if a satellite wagering
facility is unwilling or unable to accept all of the signals that are
available to that facility, the commissions otherwise provided for
in this subdivision that would be payable to that facility shall be
proportionately reduced to take into account the time that satellite
wagering is no longer conducted by that facility, or the payment of
those commissions shall be eliminated entirely if the facility is
permanently closed, and, in either case, the satellite wagering
commissions not paid shall be proportionately redistributed to the
other eligible satellite wagering facilities. For purposes of this
section, the purse funds distributed pursuant to Section 19605.72
shall be considered to be satellite wagering facility commissions
attributable to thoroughbred races at the locations described in that
section.
   (5) After the distribution of the amounts set forth in paragraphs
(1) to (4), inclusive, the remaining market access fees from advance
deposit wagers originating in California shall be as follows:
   (A) With respect to wagers on each breed of racing, the amount
remaining shall be distributed to the racing association or fair that
is conducting live racing on that breed during the calendar period
in the zone in which the wager originated. That amount shall be
allocated to that racing association or fair as commissions, to
horsemen participating in that racing meeting in the form of purses,
and as incentive awards, in the same relative proportion as they were
generated or earned during the prior calendar year at that racing
association or fair on races conducted or imported by that racing
association or fair after making all deductions required by
applicable law. Notwithstanding any other provision of law, the
distributions with respect to each breed of racing set forth in this
subparagraph may be altered upon the approval of the board, in
accordance with an agreement signed by the respective associations,
fairs, horsemen's organizations, and breeders organizations receiving
those distributions.
   (B) If the provisions of Section 19601.2 apply, then the amount
distributed to the applicable racing associations or fairs shall
first be divided between those racing associations or fairs in direct
proportion to the total amount wagered in the applicable zone on the
live races conducted by the respective association or fair.
Notwithstanding this requirement, when the provisions of subdivision
(b) of Section 19607.5 apply to the 2nd District Agricultural
Association in Stockton or the California Exposition and State Fair
in Sacramento, then the total amount distributed to the applicable
racing associations or fairs shall first be divided equally, with 50
percent distributed to applicable fairs and 50 percent distributed to
applicable associations.
   (C) Notwithstanding any provisions of this section to the
contrary, with respect to wagers on out-of-state and out-of-country
thoroughbred races conducted after 6 p.m., Pacific time, 50 percent
of the amount remaining shall be distributed as commissions to
thoroughbred associations and racing fairs, as thoroughbred and fair
purses, and as incentive awards in accordance with subparagraph (A),
and the remaining 50 percent, together with the total amount
remaining from advance deposit wagering originating from California
out-of-state and out-of-country harness and quarter horse races
conducted after 6 p.m., Pacific time, shall be distributed as
commissions on a pro rata basis to the applicable licensed quarter
horse association and the applicable licensed harness association,
based upon the amount handled in state, both on- and off-track, on
each breed's own live races in the previous year by that association,
or its predecessor association. One-half of the amount thereby
received by each association shall be retained by that association as
a commission, and the other half of the money received shall be
distributed as purses to the horsemen participating in its current or
next scheduled licensed racing meeting.
   (D) Notwithstanding any provisions of this section to the
contrary, with respect to wagers on out-of-state and out-of-country
nonthoroughbred races conducted before 6 p.m., Pacific time, 50
percent of the amount remaining shall be distributed as commissions
as provided in subparagraph (C) for licensed quarter horse and
harness associations, and the remaining 50 percent shall be
distributed as commissions to the applicable thoroughbred
associations or fairs, as thoroughbred and fair purses, and as
incentive awards in accordance with subparagraph (A).
   (E) Notwithstanding any provision of this section to the contrary,
the distribution of market access fees pursuant to this subparagraph
may be altered upon the approval of the board, in accordance with an
agreement signed by all parties whose distributions would be
affected.
   (g) A racing association, a fair, or a satellite wagering facility
may enter into an agreement with an ADW provider to accept and
facilitate the placement of any wager from a patron at its facility
that a California resident could make through that ADW provider.
Deductions from wagers made pursuant to such an agreement shall be
distributed in accordance with the provisions of this chapter
governing wagers placed at that facility, except that the board may
authorize alternative distributions as agreed to by the ADW provider,
the operator of the facility accepting the wager, the association or
fair conducting that breed of racing in the zone where the wager is
placed, and the respective horsemen's organization.
   (h) Any issues concerning the interpretation or application of
this section shall be resolved by the board.
   (i) Amounts distributed under this section shall be proportionally
reduced by an amount equal to 0.00295 multiplied by the amount
handled on advance deposit wagers originating in California for each
racing meeting, except for harness racing meetings, provided that the
amount of this reduction shall not exceed two million dollars
($2,000,000). The method used to calculate the reduction in
proportionate share shall be approved by the board. The amount
deducted shall be distributed as follows:
   (1) Fifty percent of the money to the board to establish and to
administer jointly with the organization certified as the majority
representative of California-licensed jockeys pursuant to Section
19612.9, a defined contribution retirement plan for
California-licensed jockeys who retired from racing on or after
January 1, 2009.
   (2) The remaining 50 percent of the money shall be distributed as
follows:
   (A) Seventy percent shall be distributed to supplement the
trainer-administered pension plans for backstretch personnel
established pursuant to Section 19613. Moneys distributed pursuant to
this subparagraph shall supplement, and not supplant, moneys
distributed to that fund pursuant to Section 19613 or any other
provision of law.
   (B) Thirty percent shall be distributed to the welfare fund
established for the benefit of horsemen and backstretch personnel
pursuant to subdivision (b) of Section 19641. Moneys distributed
pursuant to this subparagraph shall supplement, and not supplant,
moneys distributed to that fund pursuant to Section 19641 or any
other provision of law.
   (j) Amounts distributed under this section shall be proportionally
reduced by an amount equal to 0.00295 multiplied by the amount
handled on advance deposit wagers originating in California for each
harness racing meeting, provided that the amount of this reduction
shall not exceed five hundred thousand dollars ($500,000). The method
used to calculate the reduction in proportionate share shall be
approved by the board. The amount deducted shall be distributed as
follows:
   (1) First to the welfare fund established for the benefit of
horsemen and backstretch personnel, pursuant to subdivision (b) of
Section 19641, and administered by the organization representing the
horsemen participating in the race meeting, in the amount requested
by the welfare fund. Moneys distributed pursuant to this paragraph
shall supplement, and not supplant, moneys distributed to that fund
pursuant to Section 19641 or any other provision of law.
   (2) The amount remaining, if any, shall be utilized for the
benefit of the horsemen as specified in a written agreement between
the racing association that conducts the live harness race meeting
and the organization representing the horsemen participating in the
race meeting.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 6.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to enable the California Horse Racing Board to
efficiently allocate and administer horse racing dates as required by
state law, to ensure that the defined contribution retirement plan
for California-licensed horse jockeys is not inconsistent with
federal law, to clarify the original intent regarding the funding for
this retirement plan, and to enable outriders to assume enhanced
responsibility in the enforcement of horse racing regulations at the
earliest possible time, it is necessary that this act take effect
immediately.