BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                        AB 432|
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                                    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  
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             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,  

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             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  

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          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

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