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 




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          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).




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          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 




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          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.  





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           SUPPORT:   As of April 8, 2011:

          California Commerce Club

           OPPOSE:   None on file as of April 8, 2011.

           FISCAL COMMITTEE:   Senate Appropriations

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