BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1423
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          Date of Hearing:   April 24, 2013

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Hall III, Isadore, Chair
                AB 1423 (Committee on Governmental Organization) - As  
                             Introduced:  March 21, 2013
           
          SUBJECT  :   Horse racing: advance deposit wagering and exchange  
          wagering deductions.

           SUMMARY  :   Corrects a provision in Horse Racing Law relating to  
          how retroactive distributions for harness racing are to be  
          distributed by the California Exposition and State Fair prior to  
          the reenactment of Advance Deposit Wagering in 2008.  In  
          addition, the bill clarifies in law when the 10-year window  
          begins upon which the jockeys' organization will receive  
          specified funds for health and welfare benefits from the  
          implementation of Exchange Wagering in California.   
          Specifically,  this bill  :  

          1)  Requires that specific amounts generated at harness race  
          meetings that are held in trust by the California Exposition and  
          State Fair to be distributed to the harness racing horsemen who  
          participated in a certain racing meeting, and to the California  
          Exposition and State Fair, in accordance with specified  
          percentages (split 50/50) and requirements.

          2)  Authorizes exchange wagering, as defined, by an entity  
          licensed by CHRB, in accordance with specified provisions of  
          law. Existing law, until January 1, 2021, on an annual basis,  
          requires a certain amount of exchange revenues collected by  
          exchange wagering licensees to be distributed to provide health  
          and welfare benefits to jockeys and their dependents.  This bill  
          would instead repeal those provisions on January 1 following the  
          year in which the 10th annual distribution of those funds is  
          made.

          3)  Makes technical changes. 

           EXISTING LAW  :

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









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          2)  Authorizes advance deposit wagering to be conducted, with  
          the approval of the CHRB, in accordance with specified  
          provisions of law.  

          3)  Requires a certain percentage of the amounts distributed for  
          advance deposit wagering for racing meetings, except for harness  
          racing meetings, to be deducted and distributed for the  
          establishment and administration of a defined contribution  
          retirement plan for California-licensed jockeys who retire on or  
          after January 1, 2009, to supplement trainer-administered  
          pension plans for backstretch personnel, and for distribution to  
          a welfare fund established for horsemen and backstretch  
          personnel, as specified. 

          4)  Requires a certain percentage of amounts distributed on  
          advance deposit wagers for harness racing meetings to be  
          deducted and distributed to a welfare fund established for the  
          benefit of horsemen and backstretch personnel, and for any  
          amounts remaining to be utilized for the benefit of horsemen  
          pursuant to a written agreement between the racing association  
          that conducts the live harness race meeting and the organization  
          representing the horsemen, as specified.

          5)  Mandates that until January 1, 2021, on an annual basis,  
          that a specific amount of exchange revenues collected by  
          exchange wagering licensees to be distributed to provide health  
          and welfare benefits to jockeys and their dependents.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :  

           Purpose of the bill  :  According to the author, this bill  
          corrects an oversight in previous legislation to provide that  
          specific monies generated at harness racing meetings which are  
          being held in trust by the California Exposition and State Fair  
          may be distributed in accordance with specified percentages to  
          the harness horsemen who ran horses at the 2012 race meeting and  
          to the Fair. 

          By requiring the distribution of the previously escrowed funds  
          this bill will result in immediate financial assistance to the  
          horsemen and horsewomen that participated in the prior race  
          meeting while also providing a benefit to Cal Expo, as the  
          former operator.     








                                                                  AB 1423
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          AB 1423 is important to the welfare of the harness horsemen and  
          horsewomen and their families.  Cal Expo is the only racetrack  
          in the state that conducts harness racing.  This year the  
          California Exposition and State Fair entered into an agreement  
          with a private operator to continue the tradition of harness  
          racing at the facility. The industry is hopeful that the new  
          operator will be financially successful and secure the long  
          range future of the sport in California.

          Additionally, this bill ensures that distributions from exchange  
          wagering revenues will continue for a period of ten years after  
          the implementation of exchange wagering to provide health and  
          welfare benefits to jockeys and their dependents, as intended in  
          previous legislation. 

           Background  : SB 1072 (Ron Calderon), Chapter 283, Statutes of  
          2010, added Business and Professions Code section 19604.5 to  
          provide that the CHRB shall prescribe rules, regulations, and  
          conditions under which exchange wagering may be conducted in  
          California.  Exchange wagering is a relatively new form of  
          wagering which was introduced in the United Kingdom in 2000.   
          Exchange wagering account holders may buy, sell, or "back" and  
          "lay" the outcome of horse races in a manner much like day  
          trading on the stock exchange.  The statute defines exchange  
          wagering as a form of pari-mutuel wagering in which two or more  
          persons place identically opposing wagers in a given market.  
          Out-of-state residents, who live in states that allow wagering  
          on California races, are also allowed to participate in exchange  
          wagering. Exchange wagering can only commence after a California  
          racetrack and the horsemen's organization at that racetrack  
          reach an agreement with one or more exchange wagering companies  
          and the agreement/operating plan is approved by the CHRB.

           Status of Exchange Wagering in California  :  In March 2013, the  
          state's Office of Administrative Law (OAL) notified the CHRB  
          that they disapproved the proposed exchange wagering regulations  
          for failure to comply with specified standards and procedures of  
          the California Administrative Procedure Act (APA).  The rejected  
          provisions were approved in November 2012 by the CHRB.  The CHRB  
          has stated that this will delay the implementation of exchange  
          wagering in California for several months.  The OAL cited  
          problems with the manner in which the CHRB would assess its  
          licensing fee to conduct exchange wagering.  OAL also cited  
          instances in the regulations that did not to comply with  








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          government rule-making standards for clarity, consistency, and  
          administrative procedures.  Rules for exchange wagering cannot  
          go into effect until approved by the OAL and sent to the  
          Secretary of State's office for final consideration.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Exposition and State Fair

           Opposition 
           
          None on file
           

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