| 1 | | - | Assembly Bill No. 2969 CHAPTER 503 An act to amend Sections 19596.2 and 19613 of the Business and Professions Code, relating to horse racing. [ Approved by Governor September 23, 2022. Filed with Secretary of State September 23, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 2969, Committee on Governmental Organization. Horse racing: out-of-state thoroughbred races: Blue Grass Stakes: pension plan or program.The Horse Racing Law authorizes a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Under that law, the total number of thoroughbred races imported by associations or fairs on a statewide basis under these provisions are required to not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state, with the exception of prescribed races.This bill would exempt from the 50 imported race per day limitation, races imported that are part of the race card of the Blue Grass Stakes.Existing law provides for the deduction of a portion of the proceeds of horse races as purses for the benefit of horsemen and horsewomen at the racing meeting, and provides for specific deductions from this portion for the benefit of owners and trainers organizations, administrative expenses, and other purposes, depending on the type of horse race involved, including 1% for a pension plan or program.This bill would authorize that the 1% amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19596.2 of the Business and Professions Code is amended to read:19596.2. (a) Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following:(1) Races imported for wagering purposes pursuant to subdivision (c).(2) Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, or the Haskell Invitational.(3) Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone.(4) Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones.(b) Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2.(c) No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in the Counties of Orange or Sacramento.SEC. 2. Section 19613 of the Business and Professions Code is amended to read:19613. (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), the portion deducted for purses pursuant to this chapter shall be paid to or for the benefit of the horsemen and horsewomen at the racing meeting, and may include obtaining, providing, or defraying the cost of workers compensation coverage for stable employees and jockeys of licensed trainers. For purposes of this section, the trainers organization referred to in subdivisions (b), (c), and (d), known as the California Thoroughbred Trainers, Inc., shall be the plan sponsor, consistent with the definition set forth in Section 3 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)), as amended.(b) Any association other than a fair that conducts a thoroughbred racing meeting shall pay to the owners organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to owners, an amount not to exceed two-thirds of 11/2 percent of the portion, and to a trainers organization for administrative expenses and services rendered to trainers and backstretch employees an amount equivalent to one-third of 11/2 percent of the portion. That association shall also pay an amount for a pension plan for backstretch personnel to be administered by the trainers organization equivalent to an additional 1 percent of the portion. The remainder of the portion shall be distributed as purses.(c) Any other association may pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen an amount out of the portion as may be determined by the association by agreement or otherwise, but, in all events, shall include, relative to a thoroughbred horsemens organization racing, 1 percent of the portion for a pension plan for the trainers organization. The remainder of the portion shall be distributed as purses.(d) (1) Notwithstanding subdivisions (b) and (c), any association conducting a fair racing meeting shall pay to the horsemens organizations contracting with the association with respect to the conduct of races for their respective breeds of horses at the meetings for administrative expenses and services rendered to their respective horsemen those amounts out of the portion as determined by the horsemens organization for the respective breeds with the approval of the board. Pursuant to this subdivision, amounts not to exceed 3 percent of the portion for the owners and trainers organizations shall be distributed to any thoroughbred owners and trainers organizations contracting with an association for a fair racing meeting or participating in mixed breed racing meetings as follows: two-thirds of 1 percent to the owners organization and one-third of 1 percent to the trainers organization for administrative expenses and services rendered to both owners and trainers, 1 percent for welfare funds, and 1 percent for a pension program for backstretch personnel, to be administered by the thoroughbred trainers organization.(2) For purposes of subdivisions (b) and (c) and paragraph (1), the 1 percent amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, including, but not limited to, the establishment, amendment, operation, or termination of the pension plan or program.(e) Any association other than a fair that conducts a quarter horse racing meeting shall pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen, an amount not to exceed 3 percent of the portion. The remainder of the portion shall be distributed as purses.(f) For racing meetings other than thoroughbred meetings, if no contract has been signed between the association conducting the racing meeting and the organization representing the horsemen by the time the racing meeting commences, the distribution of purses shall be governed by the following:(1) If the association conducted a racing meeting within the past 15 months and a contract was in existence, for that meeting with the horsemens organization and the association is conducting a subsequent meeting for the same breed or mixed breeds, the amounts payable to the horsemens organization under subdivision (c) shall be computed under the provisions of the last signed contract between the parties.(2) This subdivision applies regardless of the cause of the failure to execute a contract, whether that failure is a result of inadvertence or otherwise.(3) For racing meetings that do not come within paragraph (1), the board shall, within 15 days after the commencement of the racing meeting, determine the amounts payable to the horsemens organization for administrative expenses and services, and provide for the direct payment of those amounts.(g) Amounts distributed pursuant to this section are derived from owners purses.(h) For the purposes of this section, the following definitions shall apply:(1) Owner means a person currently licensed by the board as an owner of a thoroughbred racehorse.(2) Trainer means a person currently licensed by the board as a trainer of a thoroughbred racehorse.(i) This section shall become operative on January 1, 2008. |
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| 1 | + | Enrolled August 29, 2022 Passed IN Senate August 25, 2022 Passed IN Assembly August 25, 2022 Amended IN Senate August 18, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2969Introduced by Committee on Governmental Organization (Assembly Members Santiago (Chair), Bigelow (Vice Chair), Aguiar-Curry, Berman, Bryan, Cooley, Cooper, Megan Dahle, Daly, Jones-Sawyer, Lackey, Low, Mathis, Quirk-Silva, Robert Rivas, Blanca Rubio, and Smith)March 17, 2022 An act to amend Sections 19596.2 and 19613 of the Business and Professions Code, relating to horse racing. LEGISLATIVE COUNSEL'S DIGESTAB 2969, Committee on Governmental Organization. Horse racing: out-of-state thoroughbred races: Blue Grass Stakes: pension plan or program.The Horse Racing Law authorizes a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Under that law, the total number of thoroughbred races imported by associations or fairs on a statewide basis under these provisions are required to not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state, with the exception of prescribed races.This bill would exempt from the 50 imported race per day limitation, races imported that are part of the race card of the Blue Grass Stakes.Existing law provides for the deduction of a portion of the proceeds of horse races as purses for the benefit of horsemen and horsewomen at the racing meeting, and provides for specific deductions from this portion for the benefit of owners and trainers organizations, administrative expenses, and other purposes, depending on the type of horse race involved, including 1% for a pension plan or program.This bill would authorize that the 1% amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19596.2 of the Business and Professions Code is amended to read:19596.2. (a) Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following:(1) Races imported for wagering purposes pursuant to subdivision (c).(2) Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, or the Haskell Invitational.(3) Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone.(4) Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones.(b) Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2.(c) No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in the Counties of Orange or Sacramento.SEC. 2. Section 19613 of the Business and Professions Code is amended to read:19613. (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), the portion deducted for purses pursuant to this chapter shall be paid to or for the benefit of the horsemen and horsewomen at the racing meeting, and may include obtaining, providing, or defraying the cost of workers compensation coverage for stable employees and jockeys of licensed trainers. For purposes of this section, the trainers organization referred to in subdivisions (b), (c), and (d), known as the California Thoroughbred Trainers, Inc., shall be the plan sponsor, consistent with the definition set forth in Section 3 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)), as amended.(b) Any association other than a fair that conducts a thoroughbred racing meeting shall pay to the owners organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to owners, an amount not to exceed two-thirds of 11/2 percent of the portion, and to a trainers organization for administrative expenses and services rendered to trainers and backstretch employees an amount equivalent to one-third of 11/2 percent of the portion. That association shall also pay an amount for a pension plan for backstretch personnel to be administered by the trainers organization equivalent to an additional 1 percent of the portion. The remainder of the portion shall be distributed as purses.(c) Any other association may pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen an amount out of the portion as may be determined by the association by agreement or otherwise, but, in all events, shall include, relative to a thoroughbred horsemens organization racing, 1 percent of the portion for a pension plan for the trainers organization. The remainder of the portion shall be distributed as purses.(d) (1) Notwithstanding subdivisions (b) and (c), any association conducting a fair racing meeting shall pay to the horsemens organizations contracting with the association with respect to the conduct of races for their respective breeds of horses at the meetings for administrative expenses and services rendered to their respective horsemen those amounts out of the portion as determined by the horsemens organization for the respective breeds with the approval of the board. Pursuant to this subdivision, amounts not to exceed 3 percent of the portion for the owners and trainers organizations shall be distributed to any thoroughbred owners and trainers organizations contracting with an association for a fair racing meeting or participating in mixed breed racing meetings as follows: two-thirds of 1 percent to the owners organization and one-third of 1 percent to the trainers organization for administrative expenses and services rendered to both owners and trainers, 1 percent for welfare funds, and 1 percent for a pension program for backstretch personnel, to be administered by the thoroughbred trainers organization.(2) For purposes of subdivisions (b) and (c) and paragraph (1), the 1 percent amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, including, but not limited to, the establishment, amendment, operation, or termination of the pension plan or program.(e) Any association other than a fair that conducts a quarter horse racing meeting shall pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen, an amount not to exceed 3 percent of the portion. The remainder of the portion shall be distributed as purses.(f) For racing meetings other than thoroughbred meetings, if no contract has been signed between the association conducting the racing meeting and the organization representing the horsemen by the time the racing meeting commences, the distribution of purses shall be governed by the following:(1) If the association conducted a racing meeting within the past 15 months and a contract was in existence, for that meeting with the horsemens organization and the association is conducting a subsequent meeting for the same breed or mixed breeds, the amounts payable to the horsemens organization under subdivision (c) shall be computed under the provisions of the last signed contract between the parties.(2) This subdivision applies regardless of the cause of the failure to execute a contract, whether that failure is a result of inadvertence or otherwise.(3) For racing meetings that do not come within paragraph (1), the board shall, within 15 days after the commencement of the racing meeting, determine the amounts payable to the horsemens organization for administrative expenses and services, and provide for the direct payment of those amounts.(g) Amounts distributed pursuant to this section are derived from owners purses.(h) For the purposes of this section, the following definitions shall apply:(1) Owner means a person currently licensed by the board as an owner of a thoroughbred racehorse.(2) Trainer means a person currently licensed by the board as a trainer of a thoroughbred racehorse.(i) This section shall become operative on January 1, 2008. |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | AB 2969, Committee on Governmental Organization. Horse racing: out-of-state thoroughbred races: Blue Grass Stakes: pension plan or program. |
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| 20 | 30 | | |
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| 21 | 31 | | The Horse Racing Law authorizes a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Under that law, the total number of thoroughbred races imported by associations or fairs on a statewide basis under these provisions are required to not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state, with the exception of prescribed races.This bill would exempt from the 50 imported race per day limitation, races imported that are part of the race card of the Blue Grass Stakes.Existing law provides for the deduction of a portion of the proceeds of horse races as purses for the benefit of horsemen and horsewomen at the racing meeting, and provides for specific deductions from this portion for the benefit of owners and trainers organizations, administrative expenses, and other purposes, depending on the type of horse race involved, including 1% for a pension plan or program.This bill would authorize that the 1% amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, as specified. |
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| 22 | 32 | | |
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| 23 | 33 | | The Horse Racing Law authorizes a thoroughbred racing association or fair to distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Under that law, the total number of thoroughbred races imported by associations or fairs on a statewide basis under these provisions are required to not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state, with the exception of prescribed races. |
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| 24 | 34 | | |
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| 25 | 35 | | This bill would exempt from the 50 imported race per day limitation, races imported that are part of the race card of the Blue Grass Stakes. |
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| 26 | 36 | | |
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| 27 | 37 | | Existing law provides for the deduction of a portion of the proceeds of horse races as purses for the benefit of horsemen and horsewomen at the racing meeting, and provides for specific deductions from this portion for the benefit of owners and trainers organizations, administrative expenses, and other purposes, depending on the type of horse race involved, including 1% for a pension plan or program. |
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| 28 | 38 | | |
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| 29 | 39 | | This bill would authorize that the 1% amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, as specified. |
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| 30 | 40 | | |
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| 31 | 41 | | ## Digest Key |
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| 32 | 42 | | |
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| 33 | 43 | | ## Bill Text |
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| 34 | 44 | | |
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| 35 | 45 | | The people of the State of California do enact as follows:SECTION 1. Section 19596.2 of the Business and Professions Code is amended to read:19596.2. (a) Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following:(1) Races imported for wagering purposes pursuant to subdivision (c).(2) Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, or the Haskell Invitational.(3) Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone.(4) Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones.(b) Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2.(c) No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in the Counties of Orange or Sacramento.SEC. 2. Section 19613 of the Business and Professions Code is amended to read:19613. (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), the portion deducted for purses pursuant to this chapter shall be paid to or for the benefit of the horsemen and horsewomen at the racing meeting, and may include obtaining, providing, or defraying the cost of workers compensation coverage for stable employees and jockeys of licensed trainers. For purposes of this section, the trainers organization referred to in subdivisions (b), (c), and (d), known as the California Thoroughbred Trainers, Inc., shall be the plan sponsor, consistent with the definition set forth in Section 3 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)), as amended.(b) Any association other than a fair that conducts a thoroughbred racing meeting shall pay to the owners organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to owners, an amount not to exceed two-thirds of 11/2 percent of the portion, and to a trainers organization for administrative expenses and services rendered to trainers and backstretch employees an amount equivalent to one-third of 11/2 percent of the portion. That association shall also pay an amount for a pension plan for backstretch personnel to be administered by the trainers organization equivalent to an additional 1 percent of the portion. The remainder of the portion shall be distributed as purses.(c) Any other association may pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen an amount out of the portion as may be determined by the association by agreement or otherwise, but, in all events, shall include, relative to a thoroughbred horsemens organization racing, 1 percent of the portion for a pension plan for the trainers organization. The remainder of the portion shall be distributed as purses.(d) (1) Notwithstanding subdivisions (b) and (c), any association conducting a fair racing meeting shall pay to the horsemens organizations contracting with the association with respect to the conduct of races for their respective breeds of horses at the meetings for administrative expenses and services rendered to their respective horsemen those amounts out of the portion as determined by the horsemens organization for the respective breeds with the approval of the board. Pursuant to this subdivision, amounts not to exceed 3 percent of the portion for the owners and trainers organizations shall be distributed to any thoroughbred owners and trainers organizations contracting with an association for a fair racing meeting or participating in mixed breed racing meetings as follows: two-thirds of 1 percent to the owners organization and one-third of 1 percent to the trainers organization for administrative expenses and services rendered to both owners and trainers, 1 percent for welfare funds, and 1 percent for a pension program for backstretch personnel, to be administered by the thoroughbred trainers organization.(2) For purposes of subdivisions (b) and (c) and paragraph (1), the 1 percent amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, including, but not limited to, the establishment, amendment, operation, or termination of the pension plan or program.(e) Any association other than a fair that conducts a quarter horse racing meeting shall pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen, an amount not to exceed 3 percent of the portion. The remainder of the portion shall be distributed as purses.(f) For racing meetings other than thoroughbred meetings, if no contract has been signed between the association conducting the racing meeting and the organization representing the horsemen by the time the racing meeting commences, the distribution of purses shall be governed by the following:(1) If the association conducted a racing meeting within the past 15 months and a contract was in existence, for that meeting with the horsemens organization and the association is conducting a subsequent meeting for the same breed or mixed breeds, the amounts payable to the horsemens organization under subdivision (c) shall be computed under the provisions of the last signed contract between the parties.(2) This subdivision applies regardless of the cause of the failure to execute a contract, whether that failure is a result of inadvertence or otherwise.(3) For racing meetings that do not come within paragraph (1), the board shall, within 15 days after the commencement of the racing meeting, determine the amounts payable to the horsemens organization for administrative expenses and services, and provide for the direct payment of those amounts.(g) Amounts distributed pursuant to this section are derived from owners purses.(h) For the purposes of this section, the following definitions shall apply:(1) Owner means a person currently licensed by the board as an owner of a thoroughbred racehorse.(2) Trainer means a person currently licensed by the board as a trainer of a thoroughbred racehorse.(i) This section shall become operative on January 1, 2008. |
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| 36 | 46 | | |
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| 37 | 47 | | The people of the State of California do enact as follows: |
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| 38 | 48 | | |
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| 39 | 49 | | ## The people of the State of California do enact as follows: |
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| 40 | 50 | | |
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| 41 | 51 | | SECTION 1. Section 19596.2 of the Business and Professions Code is amended to read:19596.2. (a) Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following:(1) Races imported for wagering purposes pursuant to subdivision (c).(2) Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, or the Haskell Invitational.(3) Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone.(4) Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones.(b) Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2.(c) No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in the Counties of Orange or Sacramento. |
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| 42 | 52 | | |
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| 43 | 53 | | SECTION 1. Section 19596.2 of the Business and Professions Code is amended to read: |
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| 44 | 54 | | |
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| 45 | 55 | | ### SECTION 1. |
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| 46 | 56 | | |
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| 47 | 57 | | 19596.2. (a) Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following:(1) Races imported for wagering purposes pursuant to subdivision (c).(2) Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, or the Haskell Invitational.(3) Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone.(4) Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones.(b) Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2.(c) No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in the Counties of Orange or Sacramento. |
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| 48 | 58 | | |
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| 49 | 59 | | 19596.2. (a) Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following:(1) Races imported for wagering purposes pursuant to subdivision (c).(2) Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, or the Haskell Invitational.(3) Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone.(4) Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones.(b) Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2.(c) No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in the Counties of Orange or Sacramento. |
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| 50 | 60 | | |
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| 51 | 61 | | 19596.2. (a) Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following:(1) Races imported for wagering purposes pursuant to subdivision (c).(2) Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, or the Haskell Invitational.(3) Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone.(4) Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones.(b) Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2.(c) No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in the Counties of Orange or Sacramento. |
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| 52 | 62 | | |
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| 53 | 63 | | |
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| 54 | 64 | | |
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| 55 | 65 | | 19596.2. (a) Notwithstanding any other law and except as provided in Section 19596.4, a thoroughbred racing association or fair may distribute the audiovisual signal and accept wagers on the results of out-of-state thoroughbred races conducted in the United States during the calendar period the association or fair is conducting a race meeting, including days on which there is no live racing being conducted by the association or fair, without the consent of the organization that represents horsemen and horsewomen participating in the race meeting and without regard to the amount of purses. Further, the total number of thoroughbred races imported by associations or fairs on a statewide basis under this section shall not exceed 50 per day on days when live thoroughbred or fair racing is being conducted in the state. The limitation of 50 imported races per day does not apply to any of the following: |
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| 56 | 66 | | |
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| 57 | 67 | | (1) Races imported for wagering purposes pursuant to subdivision (c). |
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| 58 | 68 | | |
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| 59 | 69 | | (2) Races imported that are part of the race card of the Kentucky Derby, the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the Travers Stakes, the Arlington Million, the Breeders Cup, the Dubai World Cup, the Arkansas Derby, the Apple Blossom Handicap, the Blue Grass Stakes, or the Haskell Invitational. |
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| 60 | 70 | | |
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| 61 | 71 | | (3) Races imported into the northern zone when there is no live thoroughbred or fair racing being conducted in the northern zone. |
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| 62 | 72 | | |
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| 63 | 73 | | (4) Races imported into the combined central and southern zones when there is no live thoroughbred or fair racing being conducted in the combined central and southern zones. |
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| 64 | 74 | | |
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| 65 | 75 | | (b) Any thoroughbred association or fair accepting wagers pursuant to subdivision (a) shall conduct the wagering in accordance with the applicable provisions of Sections 19601, 19616, 19616.1, and 19616.2. |
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| 66 | 76 | | |
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| 67 | 77 | | (c) No thoroughbred association or fair may accept wagers pursuant to this section on out-of-state races commencing after 7 p.m., Pacific standard time, without the consent of the harness or quarter horse racing association that is then conducting a live racing meeting in the Counties of Orange or Sacramento. |
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| 68 | 78 | | |
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| 69 | 79 | | SEC. 2. Section 19613 of the Business and Professions Code is amended to read:19613. (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), the portion deducted for purses pursuant to this chapter shall be paid to or for the benefit of the horsemen and horsewomen at the racing meeting, and may include obtaining, providing, or defraying the cost of workers compensation coverage for stable employees and jockeys of licensed trainers. For purposes of this section, the trainers organization referred to in subdivisions (b), (c), and (d), known as the California Thoroughbred Trainers, Inc., shall be the plan sponsor, consistent with the definition set forth in Section 3 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)), as amended.(b) Any association other than a fair that conducts a thoroughbred racing meeting shall pay to the owners organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to owners, an amount not to exceed two-thirds of 11/2 percent of the portion, and to a trainers organization for administrative expenses and services rendered to trainers and backstretch employees an amount equivalent to one-third of 11/2 percent of the portion. That association shall also pay an amount for a pension plan for backstretch personnel to be administered by the trainers organization equivalent to an additional 1 percent of the portion. The remainder of the portion shall be distributed as purses.(c) Any other association may pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen an amount out of the portion as may be determined by the association by agreement or otherwise, but, in all events, shall include, relative to a thoroughbred horsemens organization racing, 1 percent of the portion for a pension plan for the trainers organization. The remainder of the portion shall be distributed as purses.(d) (1) Notwithstanding subdivisions (b) and (c), any association conducting a fair racing meeting shall pay to the horsemens organizations contracting with the association with respect to the conduct of races for their respective breeds of horses at the meetings for administrative expenses and services rendered to their respective horsemen those amounts out of the portion as determined by the horsemens organization for the respective breeds with the approval of the board. Pursuant to this subdivision, amounts not to exceed 3 percent of the portion for the owners and trainers organizations shall be distributed to any thoroughbred owners and trainers organizations contracting with an association for a fair racing meeting or participating in mixed breed racing meetings as follows: two-thirds of 1 percent to the owners organization and one-third of 1 percent to the trainers organization for administrative expenses and services rendered to both owners and trainers, 1 percent for welfare funds, and 1 percent for a pension program for backstretch personnel, to be administered by the thoroughbred trainers organization.(2) For purposes of subdivisions (b) and (c) and paragraph (1), the 1 percent amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, including, but not limited to, the establishment, amendment, operation, or termination of the pension plan or program.(e) Any association other than a fair that conducts a quarter horse racing meeting shall pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen, an amount not to exceed 3 percent of the portion. The remainder of the portion shall be distributed as purses.(f) For racing meetings other than thoroughbred meetings, if no contract has been signed between the association conducting the racing meeting and the organization representing the horsemen by the time the racing meeting commences, the distribution of purses shall be governed by the following:(1) If the association conducted a racing meeting within the past 15 months and a contract was in existence, for that meeting with the horsemens organization and the association is conducting a subsequent meeting for the same breed or mixed breeds, the amounts payable to the horsemens organization under subdivision (c) shall be computed under the provisions of the last signed contract between the parties.(2) This subdivision applies regardless of the cause of the failure to execute a contract, whether that failure is a result of inadvertence or otherwise.(3) For racing meetings that do not come within paragraph (1), the board shall, within 15 days after the commencement of the racing meeting, determine the amounts payable to the horsemens organization for administrative expenses and services, and provide for the direct payment of those amounts.(g) Amounts distributed pursuant to this section are derived from owners purses.(h) For the purposes of this section, the following definitions shall apply:(1) Owner means a person currently licensed by the board as an owner of a thoroughbred racehorse.(2) Trainer means a person currently licensed by the board as a trainer of a thoroughbred racehorse.(i) This section shall become operative on January 1, 2008. |
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| 70 | 80 | | |
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| 71 | 81 | | SEC. 2. Section 19613 of the Business and Professions Code is amended to read: |
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| 72 | 82 | | |
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| 73 | 83 | | ### SEC. 2. |
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| 74 | 84 | | |
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| 75 | 85 | | 19613. (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), the portion deducted for purses pursuant to this chapter shall be paid to or for the benefit of the horsemen and horsewomen at the racing meeting, and may include obtaining, providing, or defraying the cost of workers compensation coverage for stable employees and jockeys of licensed trainers. For purposes of this section, the trainers organization referred to in subdivisions (b), (c), and (d), known as the California Thoroughbred Trainers, Inc., shall be the plan sponsor, consistent with the definition set forth in Section 3 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)), as amended.(b) Any association other than a fair that conducts a thoroughbred racing meeting shall pay to the owners organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to owners, an amount not to exceed two-thirds of 11/2 percent of the portion, and to a trainers organization for administrative expenses and services rendered to trainers and backstretch employees an amount equivalent to one-third of 11/2 percent of the portion. That association shall also pay an amount for a pension plan for backstretch personnel to be administered by the trainers organization equivalent to an additional 1 percent of the portion. The remainder of the portion shall be distributed as purses.(c) Any other association may pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen an amount out of the portion as may be determined by the association by agreement or otherwise, but, in all events, shall include, relative to a thoroughbred horsemens organization racing, 1 percent of the portion for a pension plan for the trainers organization. The remainder of the portion shall be distributed as purses.(d) (1) Notwithstanding subdivisions (b) and (c), any association conducting a fair racing meeting shall pay to the horsemens organizations contracting with the association with respect to the conduct of races for their respective breeds of horses at the meetings for administrative expenses and services rendered to their respective horsemen those amounts out of the portion as determined by the horsemens organization for the respective breeds with the approval of the board. Pursuant to this subdivision, amounts not to exceed 3 percent of the portion for the owners and trainers organizations shall be distributed to any thoroughbred owners and trainers organizations contracting with an association for a fair racing meeting or participating in mixed breed racing meetings as follows: two-thirds of 1 percent to the owners organization and one-third of 1 percent to the trainers organization for administrative expenses and services rendered to both owners and trainers, 1 percent for welfare funds, and 1 percent for a pension program for backstretch personnel, to be administered by the thoroughbred trainers organization.(2) For purposes of subdivisions (b) and (c) and paragraph (1), the 1 percent amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, including, but not limited to, the establishment, amendment, operation, or termination of the pension plan or program.(e) Any association other than a fair that conducts a quarter horse racing meeting shall pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen, an amount not to exceed 3 percent of the portion. The remainder of the portion shall be distributed as purses.(f) For racing meetings other than thoroughbred meetings, if no contract has been signed between the association conducting the racing meeting and the organization representing the horsemen by the time the racing meeting commences, the distribution of purses shall be governed by the following:(1) If the association conducted a racing meeting within the past 15 months and a contract was in existence, for that meeting with the horsemens organization and the association is conducting a subsequent meeting for the same breed or mixed breeds, the amounts payable to the horsemens organization under subdivision (c) shall be computed under the provisions of the last signed contract between the parties.(2) This subdivision applies regardless of the cause of the failure to execute a contract, whether that failure is a result of inadvertence or otherwise.(3) For racing meetings that do not come within paragraph (1), the board shall, within 15 days after the commencement of the racing meeting, determine the amounts payable to the horsemens organization for administrative expenses and services, and provide for the direct payment of those amounts.(g) Amounts distributed pursuant to this section are derived from owners purses.(h) For the purposes of this section, the following definitions shall apply:(1) Owner means a person currently licensed by the board as an owner of a thoroughbred racehorse.(2) Trainer means a person currently licensed by the board as a trainer of a thoroughbred racehorse.(i) This section shall become operative on January 1, 2008. |
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| 76 | 86 | | |
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| 77 | 87 | | 19613. (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), the portion deducted for purses pursuant to this chapter shall be paid to or for the benefit of the horsemen and horsewomen at the racing meeting, and may include obtaining, providing, or defraying the cost of workers compensation coverage for stable employees and jockeys of licensed trainers. For purposes of this section, the trainers organization referred to in subdivisions (b), (c), and (d), known as the California Thoroughbred Trainers, Inc., shall be the plan sponsor, consistent with the definition set forth in Section 3 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)), as amended.(b) Any association other than a fair that conducts a thoroughbred racing meeting shall pay to the owners organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to owners, an amount not to exceed two-thirds of 11/2 percent of the portion, and to a trainers organization for administrative expenses and services rendered to trainers and backstretch employees an amount equivalent to one-third of 11/2 percent of the portion. That association shall also pay an amount for a pension plan for backstretch personnel to be administered by the trainers organization equivalent to an additional 1 percent of the portion. The remainder of the portion shall be distributed as purses.(c) Any other association may pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen an amount out of the portion as may be determined by the association by agreement or otherwise, but, in all events, shall include, relative to a thoroughbred horsemens organization racing, 1 percent of the portion for a pension plan for the trainers organization. The remainder of the portion shall be distributed as purses.(d) (1) Notwithstanding subdivisions (b) and (c), any association conducting a fair racing meeting shall pay to the horsemens organizations contracting with the association with respect to the conduct of races for their respective breeds of horses at the meetings for administrative expenses and services rendered to their respective horsemen those amounts out of the portion as determined by the horsemens organization for the respective breeds with the approval of the board. Pursuant to this subdivision, amounts not to exceed 3 percent of the portion for the owners and trainers organizations shall be distributed to any thoroughbred owners and trainers organizations contracting with an association for a fair racing meeting or participating in mixed breed racing meetings as follows: two-thirds of 1 percent to the owners organization and one-third of 1 percent to the trainers organization for administrative expenses and services rendered to both owners and trainers, 1 percent for welfare funds, and 1 percent for a pension program for backstretch personnel, to be administered by the thoroughbred trainers organization.(2) For purposes of subdivisions (b) and (c) and paragraph (1), the 1 percent amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, including, but not limited to, the establishment, amendment, operation, or termination of the pension plan or program.(e) Any association other than a fair that conducts a quarter horse racing meeting shall pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen, an amount not to exceed 3 percent of the portion. The remainder of the portion shall be distributed as purses.(f) For racing meetings other than thoroughbred meetings, if no contract has been signed between the association conducting the racing meeting and the organization representing the horsemen by the time the racing meeting commences, the distribution of purses shall be governed by the following:(1) If the association conducted a racing meeting within the past 15 months and a contract was in existence, for that meeting with the horsemens organization and the association is conducting a subsequent meeting for the same breed or mixed breeds, the amounts payable to the horsemens organization under subdivision (c) shall be computed under the provisions of the last signed contract between the parties.(2) This subdivision applies regardless of the cause of the failure to execute a contract, whether that failure is a result of inadvertence or otherwise.(3) For racing meetings that do not come within paragraph (1), the board shall, within 15 days after the commencement of the racing meeting, determine the amounts payable to the horsemens organization for administrative expenses and services, and provide for the direct payment of those amounts.(g) Amounts distributed pursuant to this section are derived from owners purses.(h) For the purposes of this section, the following definitions shall apply:(1) Owner means a person currently licensed by the board as an owner of a thoroughbred racehorse.(2) Trainer means a person currently licensed by the board as a trainer of a thoroughbred racehorse.(i) This section shall become operative on January 1, 2008. |
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| 78 | 88 | | |
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| 79 | 89 | | 19613. (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), the portion deducted for purses pursuant to this chapter shall be paid to or for the benefit of the horsemen and horsewomen at the racing meeting, and may include obtaining, providing, or defraying the cost of workers compensation coverage for stable employees and jockeys of licensed trainers. For purposes of this section, the trainers organization referred to in subdivisions (b), (c), and (d), known as the California Thoroughbred Trainers, Inc., shall be the plan sponsor, consistent with the definition set forth in Section 3 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)), as amended.(b) Any association other than a fair that conducts a thoroughbred racing meeting shall pay to the owners organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to owners, an amount not to exceed two-thirds of 11/2 percent of the portion, and to a trainers organization for administrative expenses and services rendered to trainers and backstretch employees an amount equivalent to one-third of 11/2 percent of the portion. That association shall also pay an amount for a pension plan for backstretch personnel to be administered by the trainers organization equivalent to an additional 1 percent of the portion. The remainder of the portion shall be distributed as purses.(c) Any other association may pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen an amount out of the portion as may be determined by the association by agreement or otherwise, but, in all events, shall include, relative to a thoroughbred horsemens organization racing, 1 percent of the portion for a pension plan for the trainers organization. The remainder of the portion shall be distributed as purses.(d) (1) Notwithstanding subdivisions (b) and (c), any association conducting a fair racing meeting shall pay to the horsemens organizations contracting with the association with respect to the conduct of races for their respective breeds of horses at the meetings for administrative expenses and services rendered to their respective horsemen those amounts out of the portion as determined by the horsemens organization for the respective breeds with the approval of the board. Pursuant to this subdivision, amounts not to exceed 3 percent of the portion for the owners and trainers organizations shall be distributed to any thoroughbred owners and trainers organizations contracting with an association for a fair racing meeting or participating in mixed breed racing meetings as follows: two-thirds of 1 percent to the owners organization and one-third of 1 percent to the trainers organization for administrative expenses and services rendered to both owners and trainers, 1 percent for welfare funds, and 1 percent for a pension program for backstretch personnel, to be administered by the thoroughbred trainers organization.(2) For purposes of subdivisions (b) and (c) and paragraph (1), the 1 percent amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, including, but not limited to, the establishment, amendment, operation, or termination of the pension plan or program.(e) Any association other than a fair that conducts a quarter horse racing meeting shall pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen, an amount not to exceed 3 percent of the portion. The remainder of the portion shall be distributed as purses.(f) For racing meetings other than thoroughbred meetings, if no contract has been signed between the association conducting the racing meeting and the organization representing the horsemen by the time the racing meeting commences, the distribution of purses shall be governed by the following:(1) If the association conducted a racing meeting within the past 15 months and a contract was in existence, for that meeting with the horsemens organization and the association is conducting a subsequent meeting for the same breed or mixed breeds, the amounts payable to the horsemens organization under subdivision (c) shall be computed under the provisions of the last signed contract between the parties.(2) This subdivision applies regardless of the cause of the failure to execute a contract, whether that failure is a result of inadvertence or otherwise.(3) For racing meetings that do not come within paragraph (1), the board shall, within 15 days after the commencement of the racing meeting, determine the amounts payable to the horsemens organization for administrative expenses and services, and provide for the direct payment of those amounts.(g) Amounts distributed pursuant to this section are derived from owners purses.(h) For the purposes of this section, the following definitions shall apply:(1) Owner means a person currently licensed by the board as an owner of a thoroughbred racehorse.(2) Trainer means a person currently licensed by the board as a trainer of a thoroughbred racehorse.(i) This section shall become operative on January 1, 2008. |
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| 80 | 90 | | |
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| 81 | 91 | | |
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| 82 | 92 | | |
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| 83 | 93 | | 19613. (a) Except as provided in subdivisions (b), (c), (d), (e), and (f), the portion deducted for purses pursuant to this chapter shall be paid to or for the benefit of the horsemen and horsewomen at the racing meeting, and may include obtaining, providing, or defraying the cost of workers compensation coverage for stable employees and jockeys of licensed trainers. For purposes of this section, the trainers organization referred to in subdivisions (b), (c), and (d), known as the California Thoroughbred Trainers, Inc., shall be the plan sponsor, consistent with the definition set forth in Section 3 of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)), as amended. |
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| 84 | 94 | | |
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| 85 | 95 | | (b) Any association other than a fair that conducts a thoroughbred racing meeting shall pay to the owners organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to owners, an amount not to exceed two-thirds of 11/2 percent of the portion, and to a trainers organization for administrative expenses and services rendered to trainers and backstretch employees an amount equivalent to one-third of 11/2 percent of the portion. That association shall also pay an amount for a pension plan for backstretch personnel to be administered by the trainers organization equivalent to an additional 1 percent of the portion. The remainder of the portion shall be distributed as purses. |
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| 86 | 96 | | |
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| 87 | 97 | | (c) Any other association may pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen an amount out of the portion as may be determined by the association by agreement or otherwise, but, in all events, shall include, relative to a thoroughbred horsemens organization racing, 1 percent of the portion for a pension plan for the trainers organization. The remainder of the portion shall be distributed as purses. |
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| 88 | 98 | | |
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| 89 | 99 | | (d) (1) Notwithstanding subdivisions (b) and (c), any association conducting a fair racing meeting shall pay to the horsemens organizations contracting with the association with respect to the conduct of races for their respective breeds of horses at the meetings for administrative expenses and services rendered to their respective horsemen those amounts out of the portion as determined by the horsemens organization for the respective breeds with the approval of the board. Pursuant to this subdivision, amounts not to exceed 3 percent of the portion for the owners and trainers organizations shall be distributed to any thoroughbred owners and trainers organizations contracting with an association for a fair racing meeting or participating in mixed breed racing meetings as follows: two-thirds of 1 percent to the owners organization and one-third of 1 percent to the trainers organization for administrative expenses and services rendered to both owners and trainers, 1 percent for welfare funds, and 1 percent for a pension program for backstretch personnel, to be administered by the thoroughbred trainers organization. |
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| 90 | 100 | | |
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| 91 | 101 | | (2) For purposes of subdivisions (b) and (c) and paragraph (1), the 1 percent amount for a pension plan or program may include all reasonable, documented administrative expenses attributable to the pension plan or program, including, but not limited to, the establishment, amendment, operation, or termination of the pension plan or program. |
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| 92 | 102 | | |
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| 93 | 103 | | (e) Any association other than a fair that conducts a quarter horse racing meeting shall pay to the horsemens organization contracting with the association with respect to the conduct of racing meetings for administrative expenses and services rendered to horsemen, an amount not to exceed 3 percent of the portion. The remainder of the portion shall be distributed as purses. |
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| 94 | 104 | | |
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| 95 | 105 | | (f) For racing meetings other than thoroughbred meetings, if no contract has been signed between the association conducting the racing meeting and the organization representing the horsemen by the time the racing meeting commences, the distribution of purses shall be governed by the following: |
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| 96 | 106 | | |
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| 97 | 107 | | (1) If the association conducted a racing meeting within the past 15 months and a contract was in existence, for that meeting with the horsemens organization and the association is conducting a subsequent meeting for the same breed or mixed breeds, the amounts payable to the horsemens organization under subdivision (c) shall be computed under the provisions of the last signed contract between the parties. |
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| 98 | 108 | | |
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| 99 | 109 | | (2) This subdivision applies regardless of the cause of the failure to execute a contract, whether that failure is a result of inadvertence or otherwise. |
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| 100 | 110 | | |
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| 101 | 111 | | (3) For racing meetings that do not come within paragraph (1), the board shall, within 15 days after the commencement of the racing meeting, determine the amounts payable to the horsemens organization for administrative expenses and services, and provide for the direct payment of those amounts. |
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| 102 | 112 | | |
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| 103 | 113 | | (g) Amounts distributed pursuant to this section are derived from owners purses. |
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| 104 | 114 | | |
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| 105 | 115 | | (h) For the purposes of this section, the following definitions shall apply: |
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| 106 | 116 | | |
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| 107 | 117 | | (1) Owner means a person currently licensed by the board as an owner of a thoroughbred racehorse. |
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| 108 | 118 | | |
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| 109 | 119 | | (2) Trainer means a person currently licensed by the board as a trainer of a thoroughbred racehorse. |
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| 110 | 120 | | |
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| 111 | 121 | | (i) This section shall become operative on January 1, 2008. |
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