BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 398| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 398 Author: Galgiani (D) Amended: 9/10/13 Vote: 21 SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 11-0, 4/9/13 AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, Correa, De León, Galgiani, Hernandez, Lieu, Padilla SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 36-0, 4/25/13 (Consent) AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella, Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen, Pavley, Price, Roth, Steinberg, Walters, Wright, Wyland, Yee NO VOTE RECORDED: Padilla, Wolk, Vacancy, Vacancy ASSEMBLY FLOOR : Not available SUBJECT : Horse racing: distribution of proceeds SOURCE : California Authority of Racing Fairs DIGEST : This bill provides that revenue raised by horse racing associations, from their mandated charity racing days, may be distributed to a nonprofit corporation or trust that has as its sole purpose the support of recognized fairs or the network of California fairs, and extends a sunset date. CONTINUED SB 398 Page 2 Assembly Amendments extend a sunset date in existing law from December 31, 2013, until December 31, 2016; and make technical changes. ANALYSIS : Existing law: 1. Provides that each licensed horse racing association shall designate three to five racing days as charity days by the licensee for the purpose of distribution of the net proceeds to charitable beneficiaries. 2. Provides that at least 20% of the distribution from charity day racing must be made to charities associated with the horse racing industry. In addition to this 20%, another 5% of the distribution must go to a welfare fund established for the benefit of horsemen, horsewomen and backstretch personnel, as specified, and another 5% of the distribution must be provided to a nonprofit corporation assisting horsemen, horsewomen and backstretch personnel who are affected adversely as a result of alcohol or substance abuse. 3. Requires that an additional 20% of the distribution from charity day racing, up to a maximum of $2 million, be provided as an endowment for a nonprofit corporation or trust which assists disabled jockeys. 4. Provides that the Legislature may provide for the regulation of horse races and horse race meetings and wagering on the results. 5. Grants the California Horse Racing Board (CHRB) the authority to regulate the various forms of horse racing authorized in this state. 6. Authorizes the CHRB to increase the amount set aside under current law for simulcast operating expenses for a Thoroughbred race meet in the northern zone and in the central and southern zones to up to 4%. This bill: CONTINUED SB 398 Page 3 1. Provides that revenue raised by horse racing associations, from their mandated charity racing days, may be distributed to a nonprofit corporation or trust that has as its sole purpose the support of recognized fairs or the network of California fairs. 2. Extends a sunset date in existing 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 9/12/13) California Authority of Racing Fairs (source) ARGUMENTS IN SUPPORT : The author's office points out that for more than 75 years, horse racing license fees was the primary source of funding for fairs. In 2009, as part of the State Budget negotiations, SB 16 X2 (Ashburn, Chapter 12, Statutes of 2009-10 Second Extraordinary Session) shifted the responsibility for funding fairs from horse racing license fees to the state General Fund. Elimination of the license fees was intended to help the racing industry and provide a dedicated revenue stream from the General Fund ($32 million) to the network of fairs. In 2011, the General Fund support for fairs was eliminated as part of a package of cuts designed to help deal with the state's ongoing fiscal crisis. According to the author's office, this bill is intended to give the horse racing industry the ability to, once again, contribute to the well-being of California's fairs. MW:d 9/12/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 398 Page 4 CONTINUED