Amended in Assembly April 8, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1226

Introduced by Assembly Member Hall

February 22, 2013

An act to add Section 19502 to the Business and Professions Code, relating to horse racing.

LEGISLATIVE COUNSEL’S DIGEST

AB 1226, as amended, Hall. Horse racing: jockey riding fees.

Existing law establishes the California Horse Racing Board, which generally regulates horse racing in the state, including setting default riding fees for jockeys that apply in the absence of a contract or special agreement regarding riding fees to the contrary. Existing law establishes the default riding fees for jockeys as a certain percentage of the win purse, which is defined as the amount paid the winning horse less the fees paid by the owner to enter the horse in the race. Existing law also requires a jockey who finishes 2nd or 3rd in a race in which the purse is $9,999 or less to be awarded a minimum amount, as specified.

This bill would instead require a jockey whose horse finishes first, 2nd, or 3rd, to be paid percentages of the gross purse, as specified, except a jockey who finishes 2nd or 3rd in a race in which the purse is $9,999 or less. The bill would define gross purse as the published amount of the purse before any deductions. By imposing requirements on the payments made to jockeys, the violation of which would be a misdemeanor, the bill would 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

The Legislature finds and declares the following:

(a) California is the only state where the compensation a jockey
receives for winning a race is reduced by requiring the jockey to
pay a portion of the entry fee and other fees paid by an owner.

(b) In order to attract and retain quality jockeys to race in
California and to ensure uniformity in horse racing industry
standards, it is necessary to enact legislation that would conform
California’s compensation standards to those in the rest of the
United States.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 19502 is added to the Business and
Professions Code, to read:

19502.  

(a)  begin delete Except as provided in paragraph (2) of subdivision
(b) of Section 19501, end delete begin insert In a race with a gross purse of more than
nine thousand nine hundred ninety-nine dollars ($9,999), end insert all of
the following shall apply:

(1) A jockey whose horse finishes first in a race shall be paid
at least 10 percent of the first place winner’s share of the gross
purse.

(2) A jockey whose horse finishes second in a race shall be paid
at least 5 percent of the second place winner’s share of the gross
purse.

(3) A jockey whose horse finishes third in a race shall be paid
at least 5 percent of the third place winner’s share of the gross
purse.

(b) For purposes of this section, “gross purse” means the
published amount of the purse before any deductions.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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.