BILL ANALYSIS                                                                                                                                                                                                    



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          ASSEMBLY THIRD READING
          AB 2414 (John A. Perez)
          As Amended  April 15, 2010
          Majority vote 

           GOVERNMENTAL ORGANIZATION   21-0APPROPRIATIONS      17-0        
           
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          |Ayes:|Coto, Anderson,           |Ayes:|Fuentes, Conway, Ammiano, |
          |     |Blakeslee, Chesbro, Cook, |     |Bradford, Charles         |
          |     |Bradford, Evans,          |     |Calderon, Coto, Davis,    |
          |     |Galgiani, Hall,           |     |Monning, Ruskin, Harkey,  |
          |     |Hernandez, Hill,          |     |Miller, Nielsen, Norby,   |
          |     |Charles Calderon, Ma,     |     |Skinner, Solorio,         |
          |     |Mendoza, Nestande, V.     |     |Torlakson, Torrico        |
          |     |Manuel Perez, Potantino,  |     |                          |
          |     |Silva, Torres, Torrico,   |     |                          |
          |     |Tran                      |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Encourages the Breeders' Cup to designate California  
          as the permanent host state for the Breeders' Cup World  
          Championship horse racing event.  Specifically,  this bill  : 

          1)Authorizes a Thoroughbred association hosting Breeders' Cup  
            races, upon filing a written notice with the California Horse  
            Racing Board (CHRB), to deduct from the total amount handled  
            in the pari-mutuel pool for any type of wager made during the  
            days on which Breeders' Cup races are held, an amount of not  
            less than 10% nor more than 25%.  Requires the written notice  
            to include the written agreement of the Thoroughbred  
            association and the horsemen's organization.  
           
          2)Requires for every year that the organization operating the  
            Breeders' Cup Championship series chooses to conduct the  
            series of races in California, the statewide marketing  
            organization shall enter into an agreement, in consultation  
            and cooperation with the California Tourism Commission and  
            with the organization that operates the Breeders' Cup to  
            sponsor and promote the event.  AB 2414 requires the agreement  
            to provide for assistance with a minimum value of $2 million  
            annually to promote the Breeders' Cup World Championship  
            series.
           








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          3)Declares the Legislature's intent to later amend this bill to  
            provide that a percentage of the takeout that is attributable  
            to the Breeders' Cup races that otherwise would not have been  
            generated absent the Breeders' Cup races occurring in this  
            state, be eligible to be made available to support the  
            statewide marketing organization and the state horse racing  
            industry. 

           EXISTING LAW  :

          1)Provides that CHRB regulate the various forms of horse racing  
            authorized in this state.

          2)Authorizes a Thoroughbred association or fair, subject to  
            approval by CHRB, to deduct from the pari-mutuel pool for any  
            type of wager, a specified percentage for the meeting of the  
            Thoroughbred association or fair that accepts the wager.

          3)Permits racing associations, fairs, and the organization  
            responsible for contracting with racing associations and fairs  
            with respect to the conduct of racing meetings, to form a  
            private, statewide marketing organization to market and  
            promote Thoroughbred and fair horse racing, and to obtain,  
            provide, or defray the cost of workers' compensation coverage  
            for stable employees and jockeys of Thoroughbred trainers.  

          4)Authorizes California Thoroughbred owners to deduct a portion  
            of their purse pools to participate in the "national  
            marketing" association, the National Thoroughbred Racing  
            Association (NTRA).  Extends the sunset date from January 1,  
            2008, to January 1, 2011, in existing law, which allows any  
            racing association or fair that conducts thoroughbred racing  
            to pay to the owners' organization a certain portion of the  
            purses for a national marketing program, as specified.

          5)Authorizes racing associations, fairs, and the organization  
            representing Thoroughbred owners' to form a private statewide  
            marketing organization to market and promote Thoroughbred and  
            fair horse racing.  Provides that the private statewide  
            marketing organization shall remain in effect only until  
            January 1, 2011. 

          6)Authorizes a Thoroughbred association or fair to file a  
            written notice with CHRB to alter the amount deducted (the  








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            takeout) from the total amount wagered (the handle) on horse  
            races.  The takeout shall be not less than 10% or more than  
            25% of the handle.
           
          FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee:

          1)In 2009, $128 million was wagered on Breeder's Cup  
            Championship races.  The current takeout from those races  
            would be approximately $26 million.  This bill would allow  
            flexibility in that amount, thus the takeout could be anywhere  
            from $13 million to $32 million, depending on what the racing  
            association decides.

          2)This bill will be amended to require that a percentage of the  
            takeout from the Breeders' Cup be devoted to the marketing of  
            horseracing and the industry.  The average (handle) for two  
            days of racing at Santa Anita in 2009 was $15 million.  The  
            two days of Breeders' Cup races generated over $128 million in  
            handle.  Using the standard takeout rate of 19.9%, the  
            increased handle for the Breeders' Cup was approximately $20  
            million.  Requiring that 20% of the increased takeout, for  
            example, be dedicated to marketing and the industry could  
            result in an additional $4 million for those purposes.  

          3)This bill requires a minimum $2 million investment [California  
            Marketing Committee (CMC) funding] in the marketing and  
            promotion of the Breeders' Cup Championship.  Currently the  
            marketing association has a budget of approximately $4 million  
            a year.  
           
          COMMENTS  :  According to the author, the Breeders' Cup  
          Championship series of races is the preeminent series of horse  
          races recognized throughout the world.  From the inaugural  
          running in Hollywood Park 26 years ago, the Breeders' Cup World  
          Championship has a rich and vibrant tradition in California,  
          having been run here eight times.  The Breeders' Cup World  
          Championship races were conducted in California in 2008 and 2009  
          by Oak Tree Racing Association at Santa Anita Park located in  
          Los Angeles County.  In 2009, more than 96,000 fans attended the  
          event while being broadcast to over 130 countries. 

          The author maintains the intent of this bill is to encourage the  
          organization operating the Breeders' Cup Championship series to  








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          make California the permanent home of the Breeders' Cup  
          Championship series and it is the intent of the Legislature,  
          through the enactment of this bill, to provide substantial  
          support towards that end. 

          The Los Angeles Economic Development Commission, having studied  
          the impact of the Breeders' Cup Championship series being held  
          in California the last two years, has concluded that the events  
          have brought an additional $60 million in economic impact to the  
          State of California and Los Angeles region each year, through  
          added tourism and other economic impact, and created over 500  
          direct and indirect jobs.  

          The author states, the Legislature and the Governor of  
          California recognize the importance of the horse racing industry  
          to this state, including the 50,000 jobs associated with the  
          industry, and have taken significant steps to support the  
          industry, evidenced most recently by the $40 million in license  
          fee relief provided in SB 16xx (Ashburn), Chapter 12, Statutes  
          of 2009-10 Second Extraordinary Session.
           
          The author states that having the Breeders' Cup Championship  
          races held annually in California will benefit California's  
          horse racing industry and the State of California by stimulating  
          the economy and tourism. back on-track allowing it to be enjoyed  
          for generations to come.
           
           Background:  Breeders' Cup:  The Breeders' Cup World  
          Championship is an annual series of Grade I Thoroughbred horse  
          races.  The event is a year-end championship for North American  
          Thoroughbred racing, which attracts top horses from other parts  
          of the world, especially Europe. The Breeders' Cup is considered  
          to be the richest two days in the United States for total purses  
          paid to horse owners.  The attendance at the Breeders's Cup  
          ranks fifth in North America and usually surpasses the  
          attendance of all other stakes races.  The daily attendance of  
          the Breeders' Cup typically only trails the Kentucky Derby, the  
          Preakness Stakes and the Kentucky Oaks.


          It was reported in March 2010, that the Breeders' Cup board is  
          looking at a permanent host location for the World Championships  
          as a potential option as part of the organization's ongoing  
          strategic planning initiative.  Although Breeders' Cup officials  








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          have said that the organization has considered designating Santa  
          Anita Park in Arcadia as a permanent host site for the next five  
          years beginning in 2011, the organization is also considering a  
          three-track rotation that includes Oak Tree Racing Association  
          at Santa Anita Park, Churchill Downs in Kentucky, and Belmont  
          Park in New York.  


          California's racetracks meet the criteria for being a permanent  
          host location by providing a major media market, ability to  
          accommodate big crowds, good weather, and generating increased  
          revenue through attendance and pari-mutuel handle.  Another  
          potential benefit to the World Championships being held in  
          California would be that Oak Tree Racing Association is a  
          non-profit organization which provides many business and  
          financial advantages over competing racetracks.


          In a related matter, Kentucky Governor Beshear recently signed  
          legislation that would rescind a tax break in 2010 for Churchill  
          Downs and the Breeders' Cup if that racetrack is not designated  
          as a host site for the 2011 or 2012 Breeders' Cup.  It would  
          require, however, the tax to be paid if Breeders' Cup  has not  
          selected  Churchill Downs as a host site in the next two years by  
          November 4, 2010.  In the past, various state legislatures have  
          forgiven pari-mutuel taxes for the Breeders' Cup events.  The  
          Kentucky legislation is the first that would make the tax  
          contingent on another development.

          Marketing horseracing:  The popularity of horse racing as both a  
          sport and industry has suffered of late in California, primarily  
          due to the industry's inability to expand its market share and  
          attract new customers.  Moreover, the industry has experienced  
          difficulty competing with other more popular forms of gambling,  
          such as those games offered by the state lottery, card clubs and  
          casino gambling in Nevada or on Indian reservations.

          To help address general declines in the overall industry,  
          Thoroughbred racing interests from across the country formed the  
          National Thoroughbred Racing Association (NTRA) in order to  
          create a centralized structure which would promote Thoroughbred  
          horse racing on a national level.  The primary objective of NTRA  
          is to develop and implement a comprehensive marketing strategy  
          featuring increased network and cable media exposure.  Funding  








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          for this program comes from racing interests outside of  
          California, as well as California's Thoroughbred racing  
          associations and horse owners from purses.  Last year,  
          California Thoroughbred owners, through the Thoroughbred Owners  
          of California (TOC), paid approximately $400,000 to NTRA for the  
          purpose of marketing horse racing.

          SB 27 (Maddy), Chapter 335, Statutes of 1998, creates a private  
          statewide marketing organization for Thoroughbred and fair  
          racing that is funded by 0.4% of the in-state off-track handle.   
          The funds generated from this distribution are used to market  
          California horse racing on a statewide basis.  CMC is generally  
          responsible for promoting horse racing in the state by  
          developing and implementing a marketing plan that will increase  
          on-track and off-track attendance throughout the state.  An  
          underlying assumption of the CMC's Marketing Plan is that it is  
          far easier to capture a new fan through an on-track experience  
          than through an off-track visitation to a satellite wagering  
          facility.  

          In 2003, the CMC received approximately $6.1 million to support  
          its marketing efforts but due to handle declines it has been  
          reduced to approximately $4 million in 2010.  Current law  
          provides that the CMC must annually submit to the CHRB a  
          statewide marketing and promotion plan for thoroughbred and fair  
          horse racing that encompasses all geographical zones in the  
          state, including the manner in which funds were expended in the  
          implementation of the plan for the previous calendar year.   
          Additionally, the 2010 CMC Budget redirects a portion of its  
          marketing and advertising funds to enhance purses on major  
          racing days, such as the Santa Anita Handicap, Hollywood Gold  
          Cup, and Pacific Classic.  The CMC program will expire after  
          this year due to a sunset clause in the law unless there is  
          legislation to extend it.  

          California Travel and Tourism Commission:  The California Travel  
          and Tourism Commission (CTTC) is a not-for-profit, 501(C)(6)  
          corporation formed in 1998 to work jointly with the State of  
          California's Division of Tourism to implement an annual  
          marketing plan, which promotes California as a travel  
          destination. While these two partners (CTTC and Division of  
          Tourism) are separate legal entities, they are commonly referred  
          to jointly as California Tourism. 
           








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          In 2006, Governor Schwarzenegger signed AB 2592 (Leno), an  
          assessment program for the passenger car rental industry which  
          was in addition  to other levy assessments on other specified  
          businesses which benefit from travel and tourism spending.  AB  
          2592 also reduced the state's General Fund appropriation from  
          $7.3 million to $1 million.  In 2010, the major source of CTTC's  
          budget ($50 million) is directly derived from assessed  
          businesses in the travel and tourism industry in California.      


          The 37-member CTTC is composed of individuals from all 12  
          regions of California.  Twenty-four of the commissioners are  
          elected by the approximately 5,000 assessed California  
          businesses; 12 are appointed by the governor; and the 37th is  
          the California Business, Transportation and Housing Agency  
          Secretary.  A 34-member statewide Marketing Advisory Committee  
          also provides input in developing the marketing plan. Tourism is  
          California's fourth largest employer and fifth largest  
          contributor to the gross state product.

          The Takeout:  The horse racing takeout amount is a percentage  
          deducted from all of the wagers before the winnings are paid out  
          to bettors.  These takeout rates vary among states.   
          California's current rate is 15.43% for conventional wagers  
          (win, place, and show wagers) and 20.68% for exotic wagers  
          (Exacta, Trifecta, and Pick-6).   The money from the takeouts is  
          used for such things as owner purses, racing association  
          commissions, and breeding incentive programs.  In addition,  
          various funds receive money from the takeout to meet specific  
          needs of the industry.  For example, funds have been set up for  
          offsite stabling and transporting horses on race day, to offset  
          the costs of workers compensation, to establish pension plans  
          and provide a welfare fund for backstretch personnel, and to  
          fund the CMC.  Current law allows for flexibility in the takeout  
          (not less than 10% nor more than 25% from the pari-mutuel pool  
          for any type of wager), subject to the approval of the CHRB.  

          Prior/related legislation:  SB 517 (Florez), Chapter 636,  
          Statutes of 2009, allows a Thoroughbred association or fair,  
          subject to CHRB, to alter the amount deducted from horse racing  
          wagering.  Allows the distribution of funds from the amount  
          deducted to be modified or redirected, subject to the approval  
          of CHRB.   









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          AB 1308 (Torrico), Chapter 410, Statutes of 2007, authorizes a  
          Thoroughbred association or fair and the horsemen's  
          organization, subject to approval by CHRB, to deduct an amount  
          of not less than 10% nor more than 25% from the pari-mutuel pool  
          for any type of wager.

          AB 1736 (Governmental Organization Committee), Chapter 444,  
          Statutes of 2007, extends "sunset" provisions in current law  
          relating to the marketing of the California Horse Racing  
          Industry.

          SB 103 (Maddy), Chapter 10, Statutes of 1998, requires any  
          association, including fairs, that conducts thoroughbred racing  
          to pay to the owners' organization contracting with the  
          association an additional percentage for a national marketing  
          program, as specified, to promote thoroughbred racing unless the  
          owners' organization chooses not to contribute to the program.   
          The bill sunsets January 1, 2004.

          SB 27 (Maddy), Chapter 335, Statutes of 1998, among its  
          provision, creates a private statewide marketing organization  
          for thoroughbred and fair racing that is funded by .4 percent of  
          the instate off-track handle.  The funds generated from this  
          distribution are used to market California horse racing on a  
          statewide basis.  CMC is generally responsible for promoting  
          horse racing in the state by developing and implementing a  
          marketing plan that will increase on-track and off-track  
          attendance throughout the state.

          AB 2592 (Leno), Chapter 790, Statutes of 2006, modifies the  
          conditions and terms of appointees and elected members of the  
          CTTC, broadens industry segments which may voluntary participate  
          in CTTC programs, and clarifies certain assessment and  
          referendum procedures.  Additionally, the bill makes changes to  
          the way the passenger car rental industry is assessed by the  
          CTTC which will permit rental car companies to separately state  
          specified fees in advertising, quotes and charges for rental  
          cars which become operational only if the rental car industry  
          agrees to increase its Tourism Marketing Assessment (assessment)  
          to specified level.
           

          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531 









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