BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1303
                                                                  Page  1

          Date of Hearing:   April 10, 2013

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Hall III, Isadore, Chair
                  AB 1303 (Hall) - As Introduced:  February 22, 2013
           
          SUBJECT  :   Horse racing: takeouts: disclosure to patrons.

           SUMMARY  :     Requires each racing association or fair to inform  
          patrons, through the official program, of the takeout being  
          applied to the handle for the racing meeting.  

           EXISTING LAW  : 

          1)  Provides that the California Horse Racing Board (CHRB) shall  
          regulate the various forms of horse racing authorized in this  
          state.

          2)  Provides that "pari-mutuel wagering" is a form of wagering  
          in which bettors either purchase tickets of various  
          denominations, or issue wagering instructions leading to the  
          placement of wagers, on the outcome of one or more horse races.   
          When the outcome of the race or races has been declared  
          official, the association distributes the total wagers  
          comprising each pool, less the amounts retained for purposes  
          specified in this chapter, to winning bettors.

          3)  Requires racing associations to pay out certain percentages  
          of the total amount wagered and of the portion deducted from the  
          pari-mutuel pool (i.e., the takeout), for regulation, owner  
          purses, racing association commissions, and breeding incentive  
          programs.  The amounts vary depending upon the type of breed bet  
          upon (Thoroughbred, Quarter Horse, harness, etc.), the type of  
          bet made (e.g., conventional or exotic), and whether the wager  
          was made on-track or at a satellite wagering facility.

          4)  Provides that a thoroughbred association or fair subject to  
          approval by the CHRB), may deduct from the total amount handled  
          in the pari-mutuel pool for any type of wager, an amount of not  
          less than 10% nor more than 25% at the joint request of the  
          thoroughbred association or fair and the horsemen's organization  
          for the meeting of the thoroughbred association or fair  
          accepting the wager.

          5)  Permits CHRB to set the deduction for any new type of wager  








                                                                  AB 1303
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          introduced after January 1, 2004, in an amount of not less than  
          10% nor more than 30% at the joint request of an association or  
          fair and the horsemen's organization.
           
          FISCAL EFFECT  :   Unknown.

           COMMENTS  :   

           Background  :  Pari-Mutuel Wagering means, literally, a mutuel  
          wager or "betting among ourselves." All the money that is  
          wagered worldwide on a particular race and bet is put into a  
          separate electronic pool. The race track where the race is being  
          conducted is merely a broker for the transaction and deducts a  
          fixed commission or "takeout" from that pool. The takeout is  
          retained by the track and a percentage of it becomes "purse  
          money," the money for which the horses compete. The racetrack  
          has no fiscal interest in the actual "official" order finish of  
          a race. The track's share (the takeout) remains the same no  
          matter who wins a particular race.

           Purpose of this bill  :  According to the author, the takeout is  
          the amount deducted from wagers before winnings are paid out to  
          bettors.  The state, racetracks, breeders, and horsemen through  
          purses, receive a distribution from the takeout.

          Each racing day, California racetrack sell copies of its  
          official racing program, detailing relevant information about  
          each race (e.g., ages of horses, names of jockeys, trainers).  
          Racing fans use the  program when placing their bets so they can  
          be sure that they're wagering on a specific horse in a  
          designated race either in California or other racings  
          jurisdictions.  While making the wagering, different takeout  
          rates apply on California races versus those being contested in  
          other states and countries.

          The author points out that many racing fans are unaware of the  
          takeout rates for their favorite racetrack.  At one time,  
          takeout rates were included in past performances but that is not  
          necessarily the case anymore with the influx of intra-state and  
          out-of-state simulcasting added to the daily wagering menu.

          For instance, when the Breeders' Cup is run each year,  
          California horseplayers should know what takeout rates are being  
          applied on the day's races.  It has been reported, that some  
          racing fans have been under the impression that the takeout  








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          rates are the same as the host track while others believe the  
          Breeders' Cup sets its own.

          The author states, what is the big secret? Takeout rates should  
          be available on the website of every racetrack and in the  
          programs sold at racetracks and satellite wagering facilities.

          The author further points out that the New York State Racing &  
          Wagering Board requires its racetracks to publish their takeout  
          rates with a web link to the current statutory takeout sections  
          of law.

          The author believes that ultimately, racing's patrons drive the  
          pari-mutuel market and their response to an advertised takeout  
          on any type of wager might induce the ultimate rate of takeout  
          which might not only increase daily wagering handle but lead to  
          a stronger and healthier industry.   

           Prior/related legislation  :  SB 1072 (Ron Calderon), Chapter 283,  
          Statutes of 2010.  The bill made substantive changes and  
          additions to California's Horse Racing Law.  One of additions  
          required Thoroughbred racing associations and fairs to deduct  
          (Takeout) an additional amount of the total handle on exotic  
          wagering (e.g., exacta, trifecta, and superfecta) for purse  
          augmentation. 

          SB 517 (Florez), Chapter 636, Statutes of 2009.  Allows a  
          Thoroughbred association or fair, subject to CHRB, to alter the  
          amount deducted from horse racing wagering.  Allows the  
          distribution of funds from the amount deducted to be modified or  
          redirected, subject to the approval of CHRB.   

          SB 766 (Negrete McLeod), Chapter 616, Statutes of 2009.  Allows  
          uncommitted surplus funds in the CMC Fund or the horse racing  
          Workers' Compensation Fund, to be reallocated to any other fund  
          or account created pursuant to the Horse Racing Law.  

          AB 1308 (Torrico), Chapter 410, Statutes of 2007.  Authorizes a  
          Thoroughbred association or fair and the horsemen's  
          organization, subject to approval by CHRB, to deduct an amount  
          of not less than 10% nor more than 25% from the pari-mutuel pool  
          for any type of wager.

          AB 2869 (Horton), Chapter 924, Statutes of 2002.  Allowed CHRB  
          to authorize a racing association and the organization  








                                                                  AB 1303
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          representing horsemen to reduce the portion deducted from the  
          pari-mutuel pool for purses and commissions, provided that the  
          change only affected funds available for purses and commissions.

          AB 388 (Strickland), Chapter 174, Statutes of 2003.  Permits  
          CHRB to set the deduction for any new type of wager introduced  
          after January 1, 2004, in an amount of not less than 10% nor  
          more than 30% at the joint request of an association or fair and  
          the horsemen's organization.

          SB 103 (Maddy), Chapter 10, Statutes of 1998.  Requires any  
          association, including fairs, that conducts thoroughbred racing  
          to pay to the owners' organization contracting with the  
          association an additional percentage for a national marketing  
          program, as specified, to promote thoroughbred racing unless the  
          owners' organization chooses not to contribute to the program.   
          The bill sunsets January 1, 2004.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           

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