BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1303
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1303 (Hall)
          As Amended  February 13, 2014
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |75-0 |(May 9, 2013)   |SENATE: |32-0 |(March 6,      |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    G.O.  

           SUMMARY  :  Allows, as an urgency measure, a racing association to  
          enter into an agreement to operate a live race meet at a fair in  
          the northern zone provided the California Horse Racing Board  
          (CHRB) grants approval.  The bill also 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.  In addition, requires a racing association or fair to  
          inform patrons, through the official program, of the takeout  
          being applied to the handle for the racing meeting.

           The Senate amendments  :

          1)Grant 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)Extend 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.

          3)Add an urgency clause to allow the provisions to take effect  
            immediately upon enactment.

           AS PASSED BY THE ASSEMBLY  , this bill required a racing  
          association or fair to inform patrons, through the official  
          program, of the takeout being applied to the handle for the  
          racing meeting.








                                                                  AB 1303
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           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  This bill was substantially amended in the Senate.

           Background  :  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 or 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 Arcadia, California, 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.

          The author's office points out that 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 (Fair) located in the town of Pleasanton.   
          The Fair 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 Fields and Oak Tree  
          a reason to look favorably upon a possible long-term partnership  
          where both parties can benefit.

           Purpose of the bill  :  This bill is an urgency measure in order  
          to facilitate Oak Tree's possible lease agreement with the  








                                                                  AB 1303
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          Alameda County Fair for the 2014 summer racing season scheduled  
          from June 19, 2014, to July 6, 2014.  

          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."

          Additionally, this bill provides for the immediate restoration  
          of the authority granted to thoroughbred racing associations in  
          the northern zone to deduct up to 4% of the in-state satellite  
          wagering handle to off-set simulcasting expenses.

           Prior legislation  :  SB 398 (Galgiani) of 2013.  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 California's 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.   
          This bill was vetoed by the governor with the following message:  
           "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." 
               
          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 requires 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. 

          AB 1575 (Governmental Organization Committee), Chapter 650,  
          Statutes of 2009.  Among other things, allows the CHRB to  
          increase the amount set aside under existing law for simulcast  
          operating expenses for a thoroughbred race meet in the northern  








                                                                  AB 1303
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          zone and in the central and southern zones from 2.5% to up to  
          4%.   

          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.   


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


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