BILL ANALYSIS                                                                                                                                                                                                    �






                                                       Bill No:  AB  
          1347
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2013-2014 Regular Session
                                 Staff Analysis

          
          AB 1347  Author:  Gray
          As Amended:  May 24, 2013
          Hearing Date:  June 25, 2013
          Consultant:  Art Terzakis

                                         
                                    SUBJECT  
                                  Horse Racing

                                   DESCRIPTION
           
          AB 1347 adds the "Wood Memorial" to the group of stake  
          races in Horse Racing Law which are exempt from the 50-race  
          per day limit on imported races.

                                   EXISTING LAW

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

          Existing law limits the number of races that may be  
          imported by associations and fairs to no more than 50 races  
          per day on days when live thoroughbred or fair racing is  
          being conducted in this state, with specified exceptions.  

          Existing law exempts from that 50 race per day limit races  
          imported that are part of the race card of certain  
          prominent races, including the Kentucky Derby, the Kentucky  
          Oaks, the Preakness Stakes, the Belmont Stakes, the Jockey  
          Club Gold Cup, the Travers Stakes, the Arlington Million,  
          the Breeders' Cup, the Dubai Cup, the Arkansas Derby or the  
          Haskell Invitational.

          Existing law authorizes thoroughbred racing associations or  
          fairs to distribute the audiovisual signal and accept  
          wagers on the results of out-of-state and international  




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          thoroughbred races during the calendar period the  
          association or fair is conducting live racing, including  
          days on which there is no live racing being conducted by  
          the association or fair.

                                    BACKGROUND
           

          The "Wood Memorial" is a nine furlong (1.5 mile) race run  
          on dirt for three-year-olds at Aqueduct Racetrack in  
          Queens, New York.  In April 2013, the Wood Memorial saw its  
          90th running and its purse was set at $1 million - the race  
          was won by Verrazano.  Over the years, 11 Wood Memorial  
          winners have gone on to win the Kentucky Derby.  The Wood  
          Memorial is a premier race that fits into the character of  
          other races currently exempted in Horse Racing Law from the  
          importation limit.  It was named to honor Eugene D. Wood, a  
          New York State elected official and horse racing enthusiast  
          who had been a founder and past president of the old  
          Jamaica Racetrack where the race was run until 1960.


           Purpose of AB 1347:   This measure provides that all races  
          imported by a Thoroughbred association or fair that are  
          part of the race card of the overall Wood Memorial would be  
          exempted from the 50 race per day limit as defined in  
          current law.  Over the years, this law has been amended to  
          allow certain notable races to be imported outside of this  
          cap for promotional and financial reasons.

          The author's office notes that this measure is intended to  
          help increase the wagering handle on this specific day  
          (Wood Memorial) which will lead to increased purses,  
          racetrack revenue, and breeders' awards in California.   
          Purses are important to California's racing industry  
          because they provide revenue to horse owners for their  
          racing operations and to breeders through an increase in  
          the value of their breeding stock. The author's office  
          states that "California's racing industry has found that  
          it's much easier to make a big day bigger relative to their  
          marketing efforts rather than trying to increase attendance  
          on a typical Wednesday or Thursday."  The author's office  
          believes that this measure will also provide the racing  
          industry a marketing tool to increase on-track and  
          off-track attendance on this designated day because racing  
          fans will want to wager on all the races from the host  




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          track of the prestigious Wood Memorial horse race.

           Satellite Wagering:   Satellite wagering via an off-track  
          facility has been legal in California since 1985.  It was  
          authorized at a time when California racetracks were  
          beginning to experience declining attendance and handle  
          figures.  The industry believed that making the product  
          easier to access not only would expose and market horse  
          racing to potential customers, but also would make it more  
          convenient for the existing patrons to wager more often.

           Simulcasting:   Simulcasting is the process of transmitting  
          the audio and video signal of a live racing performance  
          from one facility to a satellite for re-transmission to  
          other locations or venues where pari-mutuel wagering is  
          permitted.  Simulcasting provides racetracks with the  
          opportunity to increase revenues by exporting their live  
          racing content to as many wagering locations as possible,  
          such as other racetracks, fair satellite facilities and  
          Indian casinos.  Revenues are increased because  
          simulcasting provides racetracks that export their live  
          content with additional customers in multiple locations who  
          would not have otherwise been able to place wagers on the  
          live racing event.

           Racetrack Attendance:    Over the past 20 years the industry  
          has witnessed a general decline in the number of people  
          attending and wagering at live horse racetracks in  
          California due to a number of factors, including increased  
          competition from other forms of gaming, unwillingness of  
          customers to travel a significant distance to racetracks  
          and the availability of off-track wagering. The declining  
          attendance at live horse racing events has prompted  
          racetracks to rely on revenues from in-state and  
          out-of-state satellite wagering and account wagering. 

                                         
                           PRIOR/RELATED LEGISLATION
           
           AB 2693 (Governmental Organization), Chapter 350, Statutes  
          of 2012.  Among other things, added the "Arkansas Derby" to  
          the group of stake races in Horse Racing Law which are  
          exempt from the 50-race per day limit on imported races.
           
          AB 2520 (Hall), Chapter 347, Statutes of 2012.   Increased  
          the number of races quarter or harness racing associations  




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          are allowed to import for simulcast wagering purposes from  
          8 to 10 per day on live racing days.  
           
            AB 707 (Garrick), Chapter 84, Statutes of 2011.   Increased  
          from 32 to 50, the limitation on the total number of  
          out-of-state thoroughbred races that may be imported per  
          day by a thoroughbred association or fair that is  
          conducting a live race meet with approval by the CHRB.  
           
          AB 562 (Hall) 2011-12 Session.   Would have added the "Wood  
          Memorial" to the group of stake races in Horse Racing Law  
          which are exempt from the 32-race per day limit on imported  
          races.  (Passed out of this Committee on a 13-0 vote and  
          was eventually gutted to become a vote-by-mail issue -  
          Assembly refused to concur in Senate amendments)
           
          AB 2790 (Governmental Organization) Chapter 141, Statutes  
          of 2010.   Added the "Arlington Million" to the list of  
          imported races not subject to the limitation of 32 races  
          per day.
           
          SB 899 (Denham), Chapter 279, Statutes of 2010.   Deleted  
          the statewide cap on the number of out-of-country  
          thoroughbred races that a thoroughbred racing association  
          or fair may import, simulcast and on which wagers may be  
          accepted statewide in any given year.  
           
          AB 1857 (Cook) 2009-10 Session.    Would have increased from  
          32 to 36 the total number of thoroughbred horse races that  
          may be imported statewide for satellite simulcast and  
          wagering, not including numerous specified exceptions to  
          this cap.  (Held in this Committee at author's request)
           
          AB 136 (Silva), Chapter 221, Statutes of 2009.   Deleted the  
          limitation on the total number of out-of-state or  
          out-of-country harness or quarter horse races that may be  
          imported in a calendar year by a harness or quarter horse  
          racing association.  

           AB 763 (Chesbro), Chapter 122, Statutes of 2009.     
          Authorized the Humboldt County Fair to offer satellite  
          wagering on eight out-of-state races during the August days  
          when the fair is offering live racing, if specified  
          conditions are met.  

          AB 2048 (Silva), Chapter 439, Statutes of 2008.   Among  




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          other things, increased by two (from six to eight) the  
          number of races that a harness and quarter horse racing  
          association could import on live racing days from  
          out-of-state and out-of-country locations. 
           
          AB 3074 (Governmental Organization), Chapter 508, Statutes  
          of 2008.    Authorized the CHRB to allow harness racing  
          tracks to accept wagers during the Kentucky Futurity and  
          increased from 23 to 32 the total number of thoroughbred  
          races that may be imported statewide for satellite wagering  
          by associations or fairs. 
           
          SB 379 (Denham), Chapter 443, Statutes of 2007.    Added the  
          "Dubai World Cup" to a specified day of races that would be  
          exempted from the 23-race day limit on imported races for  
          satellite wagering. 
           
          AB 241 (Price), Chapter 594, Statutes of 2007.    Among  
          other things, authorized all fairs to operate a satellite  
          wagering facility off of the fair grounds.  In addition,  
          authorized the establishment of up to 45 "mini-satellite"  
          wagering sites to be operated by private industry  
          throughout the state. 

           AB 1736 (Governmental Organization), Chapter 444, Statutes  
          of 2007.    Added the "Travers Stakes" to a specified day of  
          races that would be exempted from the 23-race day limit on  
          imported races for satellite wagering. 
           
          SB 1183 (Margett), Chapter 232, Statutes of 2004.    
          Authorized a harness racing association that is conducting  
          a live race meeting to accept wagers on the full card of  
          races conducted by another racing association on the day  
          the other racing association conducts the Breeder's Crown  
          Stakes, the Meadowlands Pace, the Hambletonian or the North  
          American Cup.
           
          AB 509 (Jerome Horton), Chapter 235, Statutes of 2004.    
          Allowed a thoroughbred racing association or fair to import  
          the audiovisual signal, and accept wagers on, the results  
          of out-of-country thoroughbred races. 

           SB 2035 (Karnette), Chapter 268, Statutes of 2002.  Allowed  
          a harness or quarter horse racing association to "bank" up  
          to two out-of-state or out-of-country imported races on a  
          specific race day, and then add those races to another race  




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          day's importation schedule.
           
          SB 27 (Maddy), Chapter 335, Statutes of 1998.    Among other  
          things, authorized wagering on the results of out-of-state  
          thoroughbred races provided that the total number accepted  
          statewide in any given year does not exceed the total  
          number of thoroughbred races on which wagers were accepted  
          in 1998.  Also, capped the total number of thoroughbred  
          races imported at 23 per day. 

           SUPPORT:   As of June 21, 2013:

          California Authority of Racing Fairs

           OPPOSE:  None on file as of June 21, 2013.

           FISCAL COMMITTEE:   No.

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