BILL NUMBER: AB 1226	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 26, 2013
	AMENDED IN ASSEMBLY  APRIL 8, 2013

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 22, 2013

   An act to add Section 19502 to the Business and Professions Code,
relating to horse racing  , and declaring the urgency thereof, to
take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1226, as amended, Hall. Horse racing: jockey riding fees.
   Existing law  establishes   , the Horse
Racing Law, generally vests the administration of horse racing with
 the California Horse Racing Board,  which generally
regulates horse racing in the state, including setting default
  and requires the board to set minimum jockey 
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  
prohibits the paymaster of a racing association or racing fair from
disbursing any sum from a jockey's compensation to any person other
than the jockey, except as specified. A violation of the Horse Racing
Law, where no other penalty is expressed, is a misdemeanor  .
   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   require the board not to
permit any portion of an entry, nomination, or other fee paid by an
owner to be deducted from a jockey riding fee unless the entry,
nomination, or other fee is paid exclusively by the owner. Because a
violation of the provisions of the bill  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. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 19502 is added to the
Business and Professions Code, to read:
   19502.  (a) In a race with a gross purse of more than nine
thousand nine hundred ninety-nine dollars ($9,999), 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. 
   SECTION 1.    Section 19502 is added to the 
 Business and Professions Code   , to read:  
   19502.  Notwithstanding any other law, the board shall not permit
any portion of an entry, nomination, or other fee paid by an owner to
be deducted from a jockey riding fee unless the entry, nomination,
or other fee is paid exclusively by the owner and not reimbursed by
any other person or entity. 
  SEC. 2.  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. 3.    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 implement the necessary changes to the Horse Racing
Law due to the 2013 Breeders' Cup World Championships being held in
California this year, it is necessary that this act take effect
immediately.