Cal. Code Regs. tit. 4 § 1467

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1467 - Paymaster of Purses
(a) The association shall appoint a paymaster of purses who shall maintain records as the association and the Board direct. All records shall be separate from those of the Board and are subject to inspection by the Board at any time. The duties of the paymaster of purses or their assistants shall consist of the following:
(1) Maintain records which shall include the name, address, state or country of residence, social security number or federal identification number of each horse owner, trainer, driver, jockey or apprentice jockey participating at the race meeting who has funds due or on deposit in their horsemen's account.
(2) Keep jockey and driver accounts, receive their fees and disburse said fees to the proper claimants.
(3) Verify that the correct claiming price is on deposit with the association before any claim in a claiming race is accepted as official.
(4) Receive and disburse the purses and other awards of each race.
(5) Receive all stakes, entrance money, fines, purchase money in claiming races and other monies that properly come into the paymaster's possession.
(6) Accept money belonging to another association, provided the money is returned within five working days to that association.
(7) Disclose the Cal-bred awards to the respective breed agencies.
(8) Accept and file all required statements of partnerships, assignments of interest, lease agreements, and registrations of authorized agents.
(9) Disburse all monies to the entitled individuals, unless otherwise provided in this section, within 30 calendar days after the meet ends.
(10) Estimate escrow accounts and receive, maintain and disburse funds as directed by the Board.
(11) Deduct from the horse owner's account, and deposit into the account of the horse owner's trainer, 10 percent of the purse earned on any horse that finishes first, second or third at thoroughbred race meetings. Such payments shall be disbursed to the trainer and will be available at the office of the paymaster of purses no later than seven days after the race was conducted. Any amounts so paid shall be repaid to the paymaster forthwith by the trainer upon any order requiring redistribution.
(12) Deduct from the horse owner's account, and deposit into the account of the horse owner's trainer, 10 percent of the net purse earned on any horse that finishes first, second or third at quarter horse meetings. Such payments shall be disbursed to the trainer and will be available at the office of the paymaster of purses no later than seven days after the race was conducted. Any amounts so paid shall be repaid to the paymaster forthwith by the trainer upon any order requiring redistribution.
(b) For purposes of this regulation, "purse earned" or "net purse earned" means all amounts earned except in stakes races in which case "purse earned" or "net purse earned" means all amounts earned less any nomination, entry or starter fees paid by the owner.
(c) For purposes of subsections (a)(11) and (a)(12) above, horse owners may elect not to have 10 percent of the purse earned deducted from their account by filing with the paymaster of purses at each racing association at which the owner wishes it to be in effect, a form CHRB-134 (New 1/02), Notification of Exclusion To Trainer 10% Program, which is hereby incorporated by reference. The form CHRB-134 (New 1/02) is available at the office of the paymaster of purses at any race meeting.
(d) A form CHRB-134 (New 1/02) may be filed with the paymaster of purses at any time during a race meeting, and
(1) Shall apply to all horses owned in whole or in part by the owner,
(2) Shall be binding on all licensed owners with an interest in the horse or horses,
(3) Shall apply to all trainers employed by the owner, and
(4) Shall remain in force until written revocation is submitted to the paymaster at the race meeting at which the form CHRB-134 (New 1/02) was submitted.
(e) In addition to the duties in subsection (a), the paymaster of purses shall deduct from the horse owner's account 0.3 percent of the net purse earned by any thoroughbred horse at a thoroughbred racing association or Fair meeting, and shall deduct from the jockey's and trainer's accounts 0.3 percent of the purse money they earn from any race conducted at a thoroughbred racing association or Fair meeting. Such deductions shall be deposited into the California Retirement Management Account (CARMA), a charitable trust fund maintained by the CARMA not-for-profit organization, for distribution to California thoroughbred retirement/rehabilitation facilities, which provide livestock care and services to retired thoroughbred horses that competed in thoroughbred races in California.
(1) Thoroughbred horse owners, jockeys, and trainers may elect not to have the 0.3 percent deducted from their purses by filing with the paymaster of purses at each racing association for each race meeting at which the owners, jockeys, and trainers wish it to be in effect, a form CHRB-206 (Rev. 06/18), Notification of Exclusion of CARMA Contribution, which is hereby incorporated by reference. The form CHRB-206 (Rev. 06/18) is available at the office of the paymaster of purses at any race meeting.
(2) CARMA funds shall be distributed at least on an annual basis to retirement/rehabilitation facilities, as determined by the CARMA not-for-profit organization. Each such retirement/rehabilitation facility shall be:
(A) A nonprofit corporation or organization.
(B) Exempt or entitled to an exemption from federal or state income taxes.
(C) Approved by the Board.
(3) The CARMA not-for-profit organization shall file with the Board within 90 days of the close of CARMA's fiscal year an audited financial statement of the CARMA trust fund account.

Cal. Code Regs. Tit. 4, § 1467

1. Amendment of section and new NOTE filed 1-31-2002; operative 3-2-2002 (Register 2002, No. 5).
2. Amendment filed 4-9-2003; operative 4-9-2003 (Register 2003, No. 15).
3. Amendment of section and NOTE filed 4-8-2008; operative 5-8-2008 (Register 2008, No. 15).
4. Amendment of subsections (e)-(e)(2) and (e)(3) filed 6-24-2019; operative 10-1-2019 (Register 2019, No. 26).

Note: Authority cited: Sections 19420, 19440 and 19562, Business and Professions Code. Reference: Sections 19420, 19433, 19434, 19440 and 19562, Business and Professions Code.

1. Amendment of section and new Note filed 1-31-2002; operative 3-2-2002 (Register 2002, No. 5).
2. Amendment filed 4-9-2003; operative 4-9-2003 (Register 2003, No. 15).
3. Amendment of section and Note filed 4-8-2008; operative 5-8-2008 (Register 2008, No. 15).
4. Amendment of subsections (e)-(e)(2) and (e)(3) filed 6-24-2019; operative 10/1/2019 (Register 2019, No. 26).