BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 1226
Author: Hall (D)
Amended: 4/8/13 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 10-0, 6/25/13
AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, De León,
Galgiani, Hernandez, Lieu, Padilla
NO VOTE RECORDED: Correa
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/9/13 (Consent)- See last page for vote
SUBJECT : Horse racing: jockey riding fees
SOURCE : Author
DIGEST : This bill adds a new Section to Horse Racing Law that
establishes minimum jockey fees in a race with a gross purse of
more than $9,999.
ANALYSIS :
Existing law:
1. Establishes the California Horse Racing Board (CHRB) which
generally regulates horse racing in the state, including
setting riding fees for jockeys that apply in the absence of
an agreement regarding riding fees to the contrary. Existing
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law provides that jockeys must be licensed by the CHRB.
2. Requires the CHRB to establish safety standards governing the
racetracks, equipment, medical services, and other facilities
to ensure the safety of horses, riders, and workers at the
racetrack.
3. Provides, effective January 1, 2010, the minimum amount
awarded to the jockey who finishes second or third in a race
shall be increased by $10 over the amount required to be paid
on December 31, 2009. Effective January 1, 2012, the minimum
amount awarded to the jockey who finishes second or third in
a race shall be increased by $5 over the amount required to
be paid on December 31, 2011.
Existing law pertaining to the minimum amount awarded to jockeys
finishing second or third applies to races in which the purse is
$9,999 or less.
This bill adds a new Section to Horse Racing Law that
establishes minimum jockey fees in a race with a gross purse of
more than $9,999.00. Specifically, this bill:
1. Provides that in a race with a gross purse of more than
$9,999 all of the following shall apply:
A. A jockey whose horse finishes first shall be paid at
least 10% of the first place winner's share of the gross
purse.
B. A jockey whose horse finishes second shall be paid at
least 5% of the second place winner's share of the gross
purse.
C. A jockey whose horse finishes third shall be paid at
least 5% of the third place winner's share of the gross
purse.
2. Defines "gross purse" to mean the published amount of the
purse before any deductions.
Background
California jockeys are independent contractors . Jockeys in
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California are independent contractors for all purposes other
than workers' compensation insurance - the jockeys supply their
own equipment, choose which horses to ride, and in which races,
and are allowed to negotiate their own rate of compensation.
Minimum jockey riding fee . The minimum wage that jockeys
receive in a horse race is established by the CHRB as a minimum
riding fee. Jockeys negotiate their ultimate compensation with
individual racehorse owners. Jockeys may also earn additional
compensation based on the performance of the horse they are
racing. According to the Jockeys' Guild, jockeys are generally
not paid for exercising horses, but are paid a small mount fee
of approximately $50 for each losing mount in a race. Beyond
that, jockeys are paid a percentage of the purse if the horse
wins.
Qualifications to be a jockey . Under CHRB rules, no person
under 16 years of age shall be granted neither a jockey's
license nor a license as an apprentice jockey. No person whose
riding weight at the time of application exceeds 125 pounds will
be licensed as a jockey or apprentice jockey. No person who has
never ridden in a race at a recognized meeting will be granted a
license as jockey or apprentice jockey; provided, however, that
upon the recommendation of the stewards, the CHRB may issue a
temporary license to, or otherwise grant permission to such
person, for the purpose of riding in not more than four races to
establish the qualifications and ability of such person for the
license.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/9/13)
California Teamsters
Jockeys' Guild
ARGUMENTS IN SUPPORT : Proponents note that this bill conforms
state law to the standard in most other racing states by
requiring that the fees paid to jockeys whose horses finish
first, second or third be a percentage of the listed purse
amount. Proponents contend that existing law is unfair to
jockeys and effectively requires jockeys to subsidize the fees
that owners pay. Proponents estimate that, in the 2012
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Breeders' Cup race, held at Santa Anita Racetrack, jockeys
received over $80,000 less in winnings than they did when the
race was run in Kentucky (Churchill Downs).
ASSEMBLY FLOOR : 75-0, 5/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Donnelly, Holden, Logue, Waldron, Vacancy
MW:d 8/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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