BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1303
          Author:   Hall (D)
          Amended:  2/13/14 in Senate
          Vote:     27 - Urgency


          PRIOR VOTES NOT RELEVANT

           SENATE GOVERNMENTAL ORGANIZATION COMMITTEE :  8-0, 3/4/14
          AYES:  Correa, Berryhill, Cannella, De León, Galgiani,  
            Hernandez, Torres, Vidak
          NO VOTE RECORDED:  Lieu, Padilla, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Horse racing:  northern zone:  fairs:  satellite  
          wagering

           SOURCE  :     Oak Tree Racing Association


           DIGEST  :    This bill allows a racing association to enter into  
          an agreement to operate a live race meet at a fair (Alameda  
          County Fair) in the northern zone provided the California Horse  
          Racing Board (CHRB) grants approval.  Additionally, it extends  
          by three years an existing sunset date to allow a thoroughbred  
          racing association in the northern zone to deduct up to 4% of  
          the in-state satellite wagering handle to off-set simulcast  
          operating expenses.  

           ANALYSIS  :    

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          Existing law:

           1. Provides that the Legislature may provide for the regulation  
             of horse races and horse race meetings and wagering on the  
             results.  (Article IV, Section 19(b) of the California  
             Constitution)
           2. Grants the CHRB the authority to regulate the various forms  
             of horse racing authorized in this state.

           3. Requires that the total percentage deducted from wagers at  
             satellite wagering facilities in the northern zone be the  
             same as deductions for wagers at the racetrack where the  
             racing meeting is being conducted.

           4. Requires, until December 31, 2013, an amount not to exceed  
             4% of the in-state satellite wagering handle be distributed  
             to a specified organization formed to operate the audio  
             visual signal system, with the consent of the racing  
             association, the organization representing the horsemen  
             participating in the meeting and the CHRB, and, beginning  
             January 1, 2014, provides for a distribution for those  
             purposes in accordance with a revised method of calculation.

          This bill allows a racing association to enter into an agreement  
          to operate a live race meet at a fair (Alameda County Fair) in  
          the northern zone provided CHRB grants approval.  Additionally,  
          it extends by three years an existing sunset date to allow a  
          thoroughbred racing association in the northern zone to deduct  
          up to 4% of the in-state satellite wagering handle to off-set  
          simulcast operating expenses.  
          Specifically, this bill:

           1. Grants the CHRB the authority to allocate racing days to a  
             fair in the northern zone to be conducted by the fair or, at  
             the request of the fair, the CHRB may license a racing  
             association that was licensed to conduct racing meetings in  
             California prior to 2010 to conduct live horse racing at the  
             fair during the dates allocated to the fair by the CHRB.

           2. Requires the live horse racing days, whether conducted by  
             the fair or the racing association contracting with the fair,  
             to be subject to the same provisions of law as are presently  
             applicable to a fair race meeting in the northern zone.


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           3. Extends an existing sunset date in Horse Racing Law relative  
             to certain authorized deductions by a thoroughbred racing  
             association in the northern zone from the in-state satellite  
             wagering handle for simulcast operating expenses, from  
             December 31, 2013 to December 31, 2016.
           
          Background
           
           Purpose of this bill  .  According to the author's office, this  
          bill is intended to allow Oak Tree Racing Association to enter  
          into a public/private partnership with the Alameda County Fair  
          to operate its summer horse racing meet in Pleasanton,  
          California.

          Oak Tree is a not-for-profit racing association which was  
          founded in 1969.  The association was formed after a group of  
          southern California horsemen convinced a reluctant Santa Anita  
          Park management that there was a very good reason to offer a  
          quality live horse racing meet in the autumn of the year,  
          especially if it was a meet run by horse owners who would  
          dedicate the profits to equine veterinary research and assorted  
          racing charities.

          Oak Tree generally ran their race meet in September/October, and  
          at one time was considered one of the finest race meetings in  
          the country.  During its live race meet, Oak Tree would host a  
          series of races for California bred horses, led by the  
          California Cup Classic.  In addition, Oak Tree hosted the  
          Breeders' Cup at Santa Anita Park in 1986, 1993, 2003, 2008 and  
          2009.  However, there has not been an Oak Tree race meeting in  
          California since 2010, because the association's agreement with  
          Santa Anita Park was terminated.  Oak Tree is essentially a  
          racing association without a racetrack to operate its annual  
          race meet.

          Since last being licensed by the CHRB, the Oak Tree board has  
          cast its sights to northern California, where live horse racing  
          is conducted year round by Golden Gate Fields and at county and  
          state fairs.

          The Oak Tree board has had discussions with various racing  
          interests in northern California and has determined that one  
          possible location to rekindle their past history may be at the  
          Alameda County Fair located in the town of Pleasanton.  The Fair  

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          traditionally kicks off the northern California racing fair  
          circuit each summer with dates in late June and early July.   
          Pleasanton stays open year-round for training as well, giving  
          local horsemen an alternative to Golden Gate and Oak Tree a  
          reason to look favorably upon a possible long-term partnership  
          where both parties can benefit.

           Comments
           
          According to the author, "Declining daily attendance at  
          California's race tracks has led to diminished on-track betting  
          revenue which in turn has led to smaller purses and reduced  
          income for the horsemen involved.  AB 1303 will provide the  
          industry with a mechanism to increase track commissions, purses,  
          and breeder's awards for the participants in this agribusiness.   
          This bill is intended to preserve jobs and assure that live  
          horse racing remains economically viable in northern  
          California."

           Prior Legislation
           
          SB 398 (Galgiani, 2013-14 Session) which was vetoed by Governor  
          Brown, would have allowed revenue raised by racing associations  
          from their charity racing days to be used to fund a non-profit  
          corporation or trust that supports a recognized fair or the  
          network of California fairs.  In addition, the bill would have  
          extended a sunset date in Horse Racing Law from December 31,  
          2013 until December 31, 2016, to allow a thoroughbred racing  
          association in the northern zone to deduct up to 4% of the  
          in-state satellite wagering handle for simulcast operating  
          expenses, as specified.  The Governor's veto message stated,  
          "Under current law any nonprofit organization engaged in  
          charitable, benevolent or civic activities - including one  
          supporting fairs - may benefit from revenues generated from  
          horseracing charity days.  Thus, it is not clear why a separate  
          designation is needed."

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  3/4/14)

          Oak Tree Racing Association (source)
          Alameda County Fair

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          California Authority of Racing Fairs


          MW:ke  3/4/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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