SECTIONS 19500-19506 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 19500-19506

19500. (a) A jockey who agrees to exercise a racehorse shall be
paid no less than the standard rate that is paid to exercise riders
unless the jockey has been employed to ride that racehorse in a
parimutuel race or the jockey is engaged in an official timed and
recorded workout. If there is a dispute over the standard rate for
exercising a horse, the steward shall determine the rate.
(b) The board shall adopt regulations no later than July 1, 2007,
consistent with existing practice of the stewards, that provide both
of the following:
(1) Establish the circumstances under which a jockey is entitled
to receive a mount fee when he or she is removed from a mount prior
to scratch time.
(2) Establish the circumstances under which a jockey is entitled
to receive both a mount fee and the riding fee when he or she is
removed from a mount after scratch time.
(c) The paymaster of a racing association or racing fair shall not
disburse any sum from a jockey's compensation to any person other
than the jockey except with the written permission of the jockey,
upon order of the board, or pursuant to a court or administrative
order.
(d) For the purposes of this section the following definitions
apply:
(1) "Scratch time" means the time designated by the purse
agreement when final changes in racing programs must be made.
(2) "Riding fee" means the amount of money, whether calculated as
a percentage of the purse or by any other means, that is due to a
jockey in addition to the jockey mount fee as a result of the
performance of a racehorse in a race.
(3) "Mount fee" is the fee that is paid a jockey who accepts a
mount on a racehorse.

19501. (a) The Legislature finds and declares the following:
(1) Professional jockeys are vital to the horse racing industry
and the work they perform is very dangerous.
(2) The minimum wage that jockeys receive in a horse race is
established by the board as a minimum jockey riding fee. Jockeys may
earn additional compensation if the horse they are racing is a
winning mount, a second place mount, or a third place mount.
(3) The minimum jockey riding fee has not kept up with inflation
or the cost of living. Since 1970, the state minimum wage has
increased at more than twice the rate that the average jockey riding
fee increased over the same period.
(4) The riding fee should be increased at least as much on a
percentage basis as the state minimum wage, so that the average
full-time jockey can earn an income sufficient to provide for the
basic necessities of life.
(b) (1) Effective January 1, 2010, the scale of minimum jockey
riding fees for losing mounts established by the board shall be
increased by ten dollars ($10) per mount from the rate in effect on
December 31, 2009. Effective January 1, 2012, the scale of minimum
jockey riding fees for losing mounts established by the board shall
be increased by ten dollars ($10) per mount from the rate in effect
on December 31, 2011, except the three lowest fees on the scale shall
be increased by five dollars ($5) per mount. Thereafter the scale of
minimum jockey riding fees for losing mounts shall be increased
whenever the state minimum wage is increased by the percentage of
that increase.
(2) Effective January 1, 2010, the minimum amount awarded to the
jockey who finishes second or third in a race shall be increased by
ten dollars ($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
five dollars ($5) over the amount required to be paid on December 31,
2011. This subdivision shall apply to races in which the purse is
nine thousand nine hundred ninety-nine dollars ($9,999) or less.
(c) No jockey shall be paid less than the minimum jockey riding
fees established pursuant to this section.
(d) Nothing in this section prohibits the board from increasing
the minimum jockey riding fee above the minimum level required by
this section.

19504. (a) No racehorse shall be ridden at a racetrack unless the
rider is equipped with a safety helmet and safety vest.
(b) No later than July 1, 2006, the board shall conduct an
investigation, including at least one public hearing, to determine
whether the use of safety reins would provide jockeys and exercise
riders greater protection from accidents and injuries than
conventional reins. Should the board determine that the use of safety
reins would provide greater protection for jockeys and exercise
riders than conventional reins, it shall adopt a regulation no later
than July 1, 2007, mandating the use of approved safety reins
whenever a racehorse is ridden at a racetrack. The regulation adopted
by the board may phase in the use of safety reins, but in the event
safety reins are mandated, the board shall not permit the use of
conventional reins in a parimutuel race for longer than 18 months
following the adoption of the regulation.
(c) The board shall approve any model of safety helmet, safety
vest, and mandatory safety rein, if required, in use at a racetrack.
(d) For the purposes of this section, a "safety rein" is a type of
rein that is reinforced with a wire cable, nylon strap, or other
safety device or material that is attached to the bit and designed to
maintain control of the horse should the rein break.
(e) For the purposes of this section, a "conventional rein" is any
rein other than a safety rein.

19506. No later than July 1, 2006, the board shall approve and
participate in a health assessment study of jockeys that will provide
information relevant to the determination of an appropriate jockey
scale of weights and weight control practices that will maximize
jockey health and safety.
(a) The study shall be conducted under accepted scientific
principles, shall be peer reviewed, and shall be performed under the
auspices of a university based director with expertise in sports
medicine, nutrition, or occupational safety and health. The study
director shall be independent of the horse racing industry.
(b) The board shall form a committee to provide input and advice
on the design of the study. The committee shall include members of
the board, and representatives of the Thoroughbred Owners of
California, the Jockey's Guild, the California Thoroughbred Trainers,
the Pacific Coast Quarter Horse Racing Association, the California
Authority of Racing Fairs and of the racetracks. However, the board
shall insure that no member of the committee nor any other person
shall attempt to improperly interfere with study design or execution
or compromise its integrity.
(c) The study shall be funded by private sources. Nothing in this
section shall prevent the participation of racing regulatory bodies
outside of California in the study.
(d) Upon completion of the study the board shall review the
findings at a public hearing. If the board determines, upon review of
the study, that the current scale of weights for jockeys is
detrimental to jockey health and safety, it shall adopt regulations
to establish weight or body composition requirements appropriate to
maintain jockeys in a healthy and safe physical condition.