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 Page 2 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 AB 1303 Page 3 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 Page 4 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