BILL NUMBER: AB 1499	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 27, 2009

   An act to add and repeal Section 19605.78 of the Business and
Professions Code, relating to horse racing, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1499, as introduced, Evans. Horse racing: workers'
compensation.
   Existing law, until January 1, 2014, authorizes a quarter horse
racing association to deduct an additional 0.5% of the total amount
handled in its exotic parimutuel pools and a harness racing
association to deduct an additional 1% of the total amount handled in
conventional parimutuel pools of harness races, under certain
conditions, for workers' compensation insurance costs of trainers and
owners, as specified, with any funds not expended for this purpose
in the year in which they are collected to either be used for the
following year's workers' compensation costs or to benefit the purse
pool, as specified. If the racing association and the organization
representing horsemen and horsewomen cannot agree on the manner of
distribution of these funds to defray the costs of workers'
compensation insurance, the matter is required to be submitted to the
California Horse Racing Board for a decision.
   This bill would also authorize a fair to deduct an additional 0.5%
of the total amount handled in exotic parimutuel pools of races for
any breed, other than races solely for thoroughbreds. This deduction
would also be for similar purposes and subject to similar conditions
as the quarter horse racing association and harness racing
association authorizations discussed above. This authorization would
also expire on January 1, 2014.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 19605.78 is added to the Business and
Professions Code, to read:
   19605.78.  (a) Notwithstanding Section 19610 and in addition to
the deduction specified in subdivision (b) of Section 19605.75, a
fair may deduct an additional 0.5 percent of the total amount handled
in exotic parimutuel pools of races for any breed, other than races
solely for thoroughbreds. This additional deduction shall only be
permitted for a breed's races with the approval of the organization
representing the horsemen and horsewomen of that breed at the fair.
   (b) Any funds collected pursuant to subdivision (a) from exotic
parimutuel pools on races within the inclosure of a racetrack, at
satellite wagering facilities within this state, and through advance
deposit wagering by residents of this state, shall be distributed to
the organization described in subdivision (e) to be used in
accordance with subdivision (d).
   (c) Any fair that authorizes a betting system located outside of
this state to accept exotic wagers on its races and to combine those
wagers in the association's exotic parimutuel pools, including, but
not limited to, a multijurisdictional wagering hub as to exotic
wagers made by residents other than those of this state, may deduct
the amount specified in subdivision (a) in addition to any other
applicable deductions specified in law. Any amount deducted pursuant
to this subdivision shall be distributed to the organization
described in subdivision (e) to be used in accordance with the
provisions of subdivision (d). This additional deduction shall not be
included in the amount on which license fees are determined pursuant
to Section 19602.
   (d) The amounts distributed to the organization described in
subdivision (e) shall be deposited by that organization in a separate
account to defray workers' compensation insurance costs for trainers
and owners who are racing breeds other than thoroughbreds at the
applicable fair. Any funds not expended for this purpose in the
calendar year in which they are collected may either be used for the
following year's workers' compensation costs, as specified above, or
to benefit the purse pool of each breed at the particular fair where
the funds are generated in the same proportions as each breed
generated at that fair in the year the funds are collected.
   (e) The fairs and the organizations representing the horsemen and
horsewomen of each breed for which deductions have been approved
under subdivision (a) shall form an organization to which any funds
deducted pursuant to subdivisions (b) and (c) shall be distributed.
The fairs collectively shall have representation equal to the
collective representation of the organizations representing horsemen
and horsewomen on the governing board of the organization formed
pursuant to this subdivision.
   (f) If the fairs and the organizations representing horsemen and
horsewomen cannot agree on the manner for distributing these funds to
defray the costs of workers' compensation insurance, the matter
shall be submitted to the California Horse Racing Board for a
decision consistent with subdivision (d), and the decision of the
board shall be final.
   (g) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 2.  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 ensure that trainers and owners of certain horse
racing breeds continue to receive assistance in defraying workers'
compensation insurance costs, as is currently done for trainers and
owners of other horse racing breeds, it is necessary that this bill
take immediate effect.