BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 707
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 707 (Garrick)
          As Amended  June 23, 2011
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |72-0 |(May 27, 2011)  |SENATE: |33-0 |(July 1, 2011) |
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          Original Committee Reference:    G.O.  

           SUMMARY  :  This urgency measure, increases from 32 to 50, the 
          limitation on the total number of out-of-state Thoroughbred 
          races that may be imported per day by a Thoroughbred association 
          or fair that is conducting a live race meet with approval by the 
          California Horse Racing Board (CHRB).   

           The Senate amendments  :

          1)  Provide that a total of 50 out-of-state Thoroughbred races 
          may be imported per day by a Thoroughbred association or fair 
          that is conducting a live race meet with approval by CHRB, as 
          specified.   

          2)  Add an urgency clause.

           EXISTING LAW  :

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

          2)Limits the number of races that may be imported by 
            associations and fairs to no more than 32 races per day on 
            days when live Thoroughbred or fair racing is being conducted 
            in this state, with specified exceptions.  

            Exempts from that 32-race per day limit races imported that 
            are part of the race card of certain prominent races, 
            including the Kentucky Derby, the Kentucky Oaks, the Preakness 
            Stakes, the Belmont Stakes, the Jockey Club Gold Cup, the 
            Travers Stakes, the Breeders' Cup, the Dubai Cup, or the 
            Haskell Invitational.

          3)Authorizes Thoroughbred racing associations or fairs to 
            distribute the audiovisual signal and accept wagers on the 








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            results of out-of-state and international Thoroughbred races 
            during the calendar period the association or fair is 
            conducting live racing, including days on which there is no 
            live racing being conducted by the association or fair.

           FISCAL EFFECT  :  This bill has been keyed non-fiscal by the 
          Legislative Counsel.

           COMMENTS  :  This bill is consistent with Assembly actions. The 
          amendments simply reduces from 60 to 50  relating to the 
          limitation on the total number of out-of-state Thoroughbred 
          races that may be imported per day by a Thoroughbred association 
          or fair that is conducting a live race meet with approval by 
          CHRB.  In addition, an urgency clause has been added.

           Purpose of the bill  :  The scale and scope of horse racing is 
          governed by statute.  Any attempt to expand its market requires 
          legislative action.  The California Legislature has attempted to 
          address the racing industry's long-term viability through a 
          number of legislative efforts to expand the exposure of horse 
          racing to the general public and enhance horse racing's 
          marketability.

          This bill increases the number of out-of-state races on which 
          Thoroughbred and fair racing associations may simulcast and 
          accept wagers on each day from 32 to 50.  The author states by   
                allowing Thoroughbred and fair racing associations to 
          import more out-of-state races, it will give the horse racing 
          industry a marketing tool and leverage with racetracks outside 
          of this state.  Presently, due to specific importation 
          restrictions, Thoroughbred and fair racing associations are 
          sending their signal to out-of-state locations, but are not able 
          to receive the maximum rate for their live racing product.  
          However, if these racing associations were able to accept more 
          out-of-state races under some type of reciprocity agreement, a 
          majority of the money wagered between the two markets would stay 
          in this state for track commissions, purses, and breeders' 
          awards.

          This measure will also give the industry a marketing tool to 
          increase on-track and off-track attendance because more quality 
          races from out-of-state locations would be offered to their      
            wagering patrons on a daily basis.

           Satellite wagering  :  Satellite wagering via an off-track 








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          facility has been legal in California since 1985.  It was 
          authorized at a time when California racetracks were beginning 
          to experience declining attendance and handle figures.  The 
          industry believed that making the product easier to access not 
          only would expose and market horse racing to potential 
          customers, but also would make it more convenient for the 
          existing patrons to wager more often.

           Simulcasting  :  Simulcasting is the process of transmitting the 
          audio and video signal of a live racing performance from one 
          facility to a satellite for retransmission to other locations or 
          venues where pari-mutuel wagering is permitted.  Simulcasting 
          provides racetracks with the opportunity to increase revenues by 
          exporting their live racing content to as many wagering 
          locations as possible, such as other racetracks, fair satellite 
          facilities and Indian casinos.  Revenues are increased because 
          simulcasting provides racetracks that export their live content 
          with additional customers in multiple locations who would not 
          have otherwise been able to place wagers on the live racing 
          event.

           Racetrack attendance  :  There has been a general decline in the 
          number of people attending and wagering at live horse racetracks 
          in California due to a number of factors, including increased 
          competition from other forms of gaming, unwillingness of 
          customers to travel a significant distance to racetracks and the 
          availability of off-track wagering.  The declining attendance at 
          live horse racing events has prompted racetracks to rely on 
          revenues from in-state and out-of-state satellite wagering and 
          account wagering. 

           Prior legislation :  AB 2790 (Governmental Organization 
          Committee), Chapter 141, Statutes of 2010, adds races that are 
          part of the race card of the Arlington Million to the list of 
          imported races not subject to the limitation of 32 races per 
          day.  
           
          SB 899 (Denham), Chapter 279, Statutes of 2010, deletes the 
          statewide cap on the number of out-of-country Thoroughbred races 
          that a Thoroughbred racing association or fair may import, 
          simulcast and on which wagers may be accepted. 

          AB 3074 (Governmental Organization Committee), Chapter 510, 
          Statutes of 2008, allows a harness racing association in 
          California to import all of the races conducted on Kentucky 








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          Futurity day, irrespective of the six-race day limit in law and 
          increases, from 23 to 32, the limitation on the total number of 
          out-of-state Thoroughbred races that may be imported per day by 
          a Thoroughbred association or fair that is conducting a live 
          race meet.

          AB 1736 (Governmental Organization Committee), Chapter 444, 
          Statutes of 2007, adds the "Travers Stakes" to the group of 
          specific stake races which are exempt from the 23-race per day 
          limit on imported races, as specified.

          SB 379 (Denham), Chapter 443, Statutes of 2007, adds the Dubai 
          World Cup race to a specified list of races that would be 
          exempted from the 23-race per day limit on imported races for    
               satellite wagering in California.

          SB 590 (Perata), Chapter 936, Statutes of 2001, authorizes 
          Thoroughbred racing associations and fairs in the northern 
          racing zone to increase the number of imported racing simulcasts 
              available to be wagered upon if the CHRB reduces the number 
          of live racing days.

          AB 509 (Jerome Horton), Chapter 235, Statutes of 2004, allows a 
          Thoroughbred or fair association to distribute the audiovisual 
          signal and accept wagers on the results of out-of-country        
            Thoroughbred races during the calendar period the association 
          or fair is conducting a race meeting under specified conditions.

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


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