BILL ANALYSIS Ó Bill No: SB 305 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Roderick D. Wright, Chair 2011-2012 Regular Session Staff Analysis SB 305 Author: Calderon As Introduced: February 14, 2011 Hearing Date: April 12, 2011 Consultant: Art Terzakis SUBJECT Horse Racing: minisatellite facilities DESCRIPTION SB 305 modifies a provision of Horse Racing Law that currently requires the California Horse Racing Board (CHRB) to license minisatellite facilities for two years and instead directs the CHRB to license such facilities for up to five years . Specifically, SB 305: 1. Requires the CHRB to license minisatellite facilities for up to five years. 2. Deletes obsolete language that requires the CHRB to adopt emergency regulations to implement minisatellite wagering facilities on or before April 1, 2008. EXISTING LAW Existing law provides for the California Horse Racing Board (CHRB) which regulates the various forms of horse racing authorized in this state. Existing law authorizes the CHRB to permit licensed racing associations and fairs to operate satellite-wagering facilities on their grounds, as specified. Existing law authorizes the CHRB to approve the establishment of 15 mini-satellite wagering sites in each zone (for a total of 45) and defines "minisatellite SB 305 (Calderon) continued Page 2 wagering site" to mean a location where satellite wagering may be conducted, with the approval of the CHRB, provided that the wagering occurs in an area that is restricted to those who are 21 years of age or older. Existing law requires the CHRB to issue a license to a mini-satellite facility for two years, and then review the operation and the size of the handle, and determine if it is in the best interest of horse racing to relicense the facility or, in the alternative, license another mini-satellite facility that might generate a greater handle. Existing law provides that if there are more than 15 applications for mini-satellite wagering facilities in any zone, the CHRB shall determine which facilities will generate the largest handle, and give priority to the approval of those facilities. Existing law specifies that no mini-satellite site may be located within 20 miles of a race track, a satellite wagering facility, or a tribal casino that has a satellite wagering facility without the consent of each facility within that 20-mile radius. BACKGROUND History: California has allowed off-track betting in satellite wagering facilities located at fairs and racing associations throughout the state for well over 25 years. Satellite wagering 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 would expose and market horse racing to potential customers and also make it far more convenient for existing patrons to wager more often. Currently, there are 34 satellite-wagering facilities in California located at live race tracks, fair grounds and Indian casinos. In addition, seven state-designated or county fairs have received statutory authority to locate additional satellite-wagering facilities off the respective fairgrounds but within the boundaries of the fair district. To date, only the Fresno County Fair has exercised this authority by leasing space in a card-club in downtown Fresno (Fresno Club One). SB 305 (Calderon) continued Page 3 In 2007, AB 241 (Price) was enacted to authorize the creation of 15 "minisatellites" in each racing zone for a total of 45. The stated intent of this legislation was to make the sport of horse racing even more accessible to potential California bettors and to increase the handle - the amount wagered on horse races. To date, only two mini-satellites have been opened and licensed statewide (one is located at the California Commerce Club in the City of Commerce, the other is located at the OC Tavern Grill and Sports Bar in San Clemente). Purpose of SB 305: As noted above, current law requires the CHRB to issue a license to a mini-satellite facility for two years, and then review the operation and the size of the handle, and determine if it is in the best interest of horse racing to relicense the facility or, in the alternative, license another mini-satellite facility that might generate a greater handle. According to the author's office, this measure is simply intended to streamline current law with respect to the licensing of minisatellite facilities by requiring the CHRB to issue such licenses for a period up to five years rather than two years. The author's office believes that the current two year license timeframe may act as a disincentive to individuals seeking to invest in or expand existing minisatellite facilities. PRIOR/RELATED LEGISLATION AB 270 (Perea) 2011-12 Session. Would create an exception to Horse Racing Law by authorizing a satellite wagering facility, located on a fairground, to elect not to be subject to the requirements related to a satellite facility supervisor if the board of directors of the fair, after a public hearing, deems those requirements to be not economically feasible. (Pending on Assembly floor) SB 1439 (Price) of 2010. Would have decreased the exclusion zone in which a "minisatellite" horse racing wagering facility can be situated in proximity to an existing horse racing satellite wagering facility or live horse racing race track from a 20 to 15 mile radius. (Failed passage on Senate floor) AB 2215 (Fuentes), Chapter 255, Statutes of 2010. Among SB 305 (Calderon) continued Page 4 other things, authorized a minisatellite wagering facility to enter into an agreement with an advance deposit wagering (ADW) provider to accept and facilitate the placement of any wager at its facility that a California resident could make through that ADW provider. AB 246 (Price), Chapter 226, Statutes of 2009. Authorized a quarter horse association and a harness racing association to deduct up to 2 percent more from the total amount wagered in the pari-mutuel pool for any type of wager, and, specified how the funds shall be distributed to eligible satellite wagering facilities, owners purses and racetrack commissions AB 241 (Price), Chapter 594, Statutes of 2007. Authorized all fairs to operate a satellite wagering facility off of the fair grounds. Also, authorized the establishment of up to 45 mini-satellite wagering sites to be operated by private industry throughout California. AB 1286 (Richardson) Chapter 202, Statutes of 2007 . Allowed the Alameda County Fair and the Los Angeles County Fair (Fairplex) to obtain authorization to operate new satellite wagering facilities off of their fair grounds under certain conditions. SB 677 (Murray) 2005-06 Session. Would have authorized the establishment of seven additional satellite wagering facilities around the state. (Died Assembly Inactive File) SB 1096 (Dutton) Chapter 1096, Statutes of 2005. Authorized the National Orange Show (San Bernardino County) to operate a second satellite-wagering operation within its fair district boundaries. AB 401 (J. Horton) Chapter 556, Statutes of 2003. Permitted CalExpo, with the approval of the Department of Food and Agriculture and CHRB, to operate a satellite wagering facility within the boundaries of CalExpo in addition to any facility otherwise authorized under current law. SB 14 (Maddy), Chapter 1273, Statues of 1987. Expanded satellite wagering statewide. SB 305 (Calderon) continued Page 5 SUPPORT: As of April 8, 2011: California Commerce Club OPPOSE: None on file as of April 8, 2011. FISCAL COMMITTEE: Senate Appropriations **********