BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 432| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 432 Author: V. Manuel Pérez (D) Amended: 6/19/13 in Senate Vote: 21 SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 11-0, 6/11/13 AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, Correa, De León, Galgiani, Hernandez, Lieu, Padilla SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 73-0, 5/20/13 - See last page for vote SUBJECT : Horse racing: exchange wagering SOURCE : California Thoroughbred Breeders Association DIGEST : This bill requires any racing association or racing fair receiving distributions from any exchange wagering agreement to distribute a specified portion of that revenue to the official registering agency, which is required to distribute those revenues in a specified manner. ANALYSIS : Existing law: 1. Stipulates that the California Horse Racing Board (CHRB) shall regulate the various forms of horse racing authorized in this state and directs the CHRB to promulgate rules and CONTINUED AB 432 Page 2 regulations governing the conditions under which exchange wagering may be conducted, including requiring an annual audit of an exchange wagering licensee. Authorizes the CHRB to recover any costs associated with the licensing or regulation of exchange wagering by imposing an assessment on the exchange wagering licensee in an amount that does not exceed the reasonable costs associated with the licensing or regulation of exchange wagering. 2. Allows exchange wagers to be submitted and accepted by licensed exchange wagering systems in the same manner as is currently provided for under Advanced Deposit Wagering Law. Provides that no exchange wagering licensee may accept wagers prior to May 1, 2012. Defines "exchange wagering" as a form of parimutuel wagering in which two or more persons place identically opposing wagers in a given market, and defines "exchange wagering agreement" to mean a written agreement by and among the applicable exchange wagering licensee, the applicable racing association or racing fair conducting live racing in this state and the horsemen's organization responsible for negotiating purse agreements for the breed on which exchange wagers are accepted, provided that the terms and conditions for the permitted use of the signal by the exchange wagering licensee, and the compensation to the applicable racing association or racing fair and the horsemen's organization include certain specified provisions. 3. Includes provisions similar to Advanced Deposit Wagering Law relative to supporting the contracting rights of pari-mutuel clerks that have been displaced due to the increased automation of the wagering process, in addition to a specific distribution to the existing jockey health and benefit welfare fund. 4. Provides that any association conducting a race meeting that includes thoroughbred racing shall deposit, at specified intervals, with the official registering agency 0.54 % of the total handled on-track in daily conventional and exotic parimutuel pools resulting from thoroughbred wagers made in the state. After deducting a sum equal to 5% of the aforementioned and total deposits made from out of state wagers, the amount to compensate the official registering agency for its administrative costs and for expenses it incurs for educational, promotional, and research programs, CONTINUED AB 432 Page 3 the official registering agency is required to distribute annually the balance of the deposits as follows: (a) 10% to the California-bred race fund to help promote California-bred races; (b) of the remaining balance a deduction for the purpose of owner premiums; and (c) a 15% deduction for the California-bred bonus program to be used for the payment of bonuses to California-bred horses in maiden allowance races in the state. Funds remaining after the above distributions must be distributed as follows: (a) 75% to the breeder fund from which breeder awards are to be paid and (b) 25% to the stallion fund from which stallion awards are to be paid. This bill requires any racing association or racing fair receiving distributions from any exchange wagering agreement to distribute a specified portion of that revenue to the official registering agency, which is required to distribute those revenues in a specified manner. Background Exchange wagering is a form of gambling in which two or more persons place directly opposing wagers on the outcome of horse races and sporting events. Typically, exchange wagering allows a better to "back" or wager on a selected horse to win, with another bettor "laying" or wagering on that same horse not to win. A back and a lay become matched when a bettor lays at the same price at which another bettor backs that same outcome, with the amount subject to the lay being proportionately commensurate to the amount subject to the back. Exchange wagering allows the bettor to name his/her own odds in the hopes of luring a match. As noted above, existing law requires the CHRB to promulgate administrative rules and regulations to effectuate exchange wagering. At its November 2012 regular meeting the CHRB adopted the proposed addition of Article 27 (Exchange Wagering), which comprises 25 regulations governing the conduct of exchange wagering in California. The exchange wagering rulemaking file was submitted to the Office of Administrative Law (OAL) on January 31, 2013. Two months later (March 31, 2013) OAL disapproved the file. Of the 25 regulations submitted, the OAL cited necessity, clarity or consistency issues with eight regulations, as well as certain procedures of the Administrative Procedures Act. The CHRB has 120 days from the date of the CONTINUED AB 432 Page 4 disapproval to correct and resubmit the rulemaking file. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 6/24/13) California Thoroughbred Breeders Association (source) ARGUMENTS IN SUPPORT : The author's office states that when exchange wagering was authorized by the Legislature in 2010 (SB 1072, Calderon, Chapter 283), the enabling legislation lacked clarity pertaining to the allotment of exchange wagering revenues for California's Thoroughbred breeders. The author's office states, that this bill simply clarifies that should exchange wagering be implemented in California under Business and Professions Code Section 19617.2, California Thoroughbred breeders will not see a reduction in breeder, owner and stallion owner incentives. ASSEMBLY FLOOR : 73-0, 5/20/13 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones, Levine, Linder, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, John A. Pérez NO VOTE RECORDED: Brown, Holden, Jones-Sawyer, Logue, Yamada, Vacancy, Vacancy MW:k 6/25/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED AB 432 Page 5 CONTINUED