BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SB 721
          Author:   Padilla (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE GOVERNMENTAL ORGANIZATION COMMITTEE  :  11-0, 4/9/13
          AYES:  Wright, Nielsen, Berryhill, Calderon, Cannella, Correa,  
            De Le�n, Galgiani, Hernandez, Lieu, Padilla

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 4/22/13
          AYES:  De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Horse racing:  license fee retention

           SOURCE  :     Del Mar Thoroughbred Club
                      Oak Tree Racing Association


           DIGEST  :    This bill makes minor code maintenance changes to  
          horse racing law by repealing obsolete references to license  
          fees for racing meetings at fairs.

           ANALYSIS  :    

          Existing law:

          1. Authorizes any county or district agricultural association  
             fair conducting racing meetings for the first time on or  
             after January 1, 1979, to retain the applicable state license  
             fee for payment of a capital expense loan incurred for the  
             purpose of preparing its facilities for horse racing.
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          2. Provides the California Horse Racing Board (CHRB) with the  
             authority to allocate racing weeks to an applicant pursuant  
             to the provisions of the Horse Racing Law and to specify such  
             racing days, dates and hours for horse racing meetings as  
             will be in the public interest.  Existing law also provides  
             that the CHRB shall make allocation for racing weeks,  
             including simultaneous racing between zones, as it deems  
             appropriate.

          This bill makes minor code maintenance changes to horse racing  
          law by repealing obsolete references to license fees for racing  
          meetings at fairs.

           Background
           
          Legalized 80 years ago in 1933, horse racing has a rich and  
          storied history in California.  Today, horse racing in  
          California supports over 50,000 jobs and contributes over $2.5  
          billion to the state's economy.

          Prior to the passage and enactment of SB 16X2 (Ashburn, 2009)  
          license fees assessed from the wagers made on horse racing were  
          deposited to the credit of the Fair and Exposition (F&E) Fund  
          which, in addition to providing general support for the annual  
          budget of the CHRB, supplemented the income of the state's  
          network of fairs.  At that time, the law guaranteed the F&E Fund  
          would receive $40 million annually from license fees.  SB 16X2  
          eliminated the license fee on wagers as a means of helping the  
          struggling horse racing industry.  In addition, it deleted the  
          $40 million "guarantee" from law.  This amount is, instead,  
          distributed to the racing associations and horsemen and  
          horsewomen.  The bill also provided that the state funding for  
          the network of California fairs shall be a continuous  
          appropriation of $32 million annually from the General Fund.   
          The $32 million General Fund support for the network of  
          California fairs was eliminated in the 2011-12 Budget due to the  
          state's growing fiscal problems.  

          Hollywood Park racetrack, located in Inglewood, first opened in  
          1938 and has gone through several ownership changes in the past  
          10 years.  The track boasted average daily attendance of nearly  
          30,000 as recently as the early 1980s.  Hollywood Park is owned  
          by the Bay Meadows Land Company, which previously bought Bay  

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          Meadows racetrack just south of San Francisco and demolished it  
          in 2008 with plans for development.  The owners intend to close  
          Hollywood Park racetrack and develop the 238-acre property into  
          a retail and residential complex.  The developer's proposal  
          calls for creating a new neighborhood with parks, office  
          buildings and a hotel, housing and possibly a school.  The  
          existing Hollywood Park Casino (card club) will also be  
          incorporated into the new project.

          If and when Hollywood Park racetrack closes, the CHRB and the  
          industry will have to facilitate the relocation of more than  
          1,000 thoroughbreds based there and also reconfigure racing  
          dates in Southern California.  

          The CHRB allocated race dates for 2013 at its regular board  
          meeting in August 2012.  During the discussion regarding the  
          proposed Hollywood Park race dates the issue as to whether  
          Hollywood Park would run the proposed fall 2013 race dates was  
          raised.  After discussion, the CHRB approved a motion to grant  
          Hollywood Park 2013 race dates conditioned on the racing  
          association returning to the CHRB with a commitment to run its  
          allocated fall 2013 race dates.

           Prior legislation  .  SB 16X2 (Ashburn, Chapter 12, Statutes of  
          2009-10, 2nd Extraordinary Session), among other things,  
          eliminated the $40 million floor on the amount the horse racing  
          industry is required to pay annually for support of the network  
          of California fairs, the CHRB, and the Kenneth L. Maddy Equine  
          Analytical Chemistry Laboratory at University of California,  
          Davis.  Other than the supplemental 1% assessed against fair  
          meets, it also eliminated the license fee on horse racing wagers  
          and provided that beginning on July 1, 2009, and annually  
          thereafter, $32 million shall be appropriated from the state's  
          General Fund and paid into the F&E Fund for the financial  
          support of the state's network of fairs.  

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

          According to the Senate Appropriations Committee, there are  
          minor, absorbable costs to the CHRB (General).

           SUPPORT  :   (Verified  4/23/13)


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          Del Mar Thoroughbred Club (co-source)
          Oak Tree Racing Association (co-source)

           ARGUMENTS IN SUPPORT  :    According to the author's office, some  
          sections of California law reference horse racing license fees  
          in conjunction with California fairs despite enactment of SB  
          16X2 (Ashburn, 2009).  This bill deletes reference to those  
          license fees.

          Additionally, the author's office notes that one of California's  
          premier horse racing tracks, Hollywood Park, is likely to close  
          after the 2013 racing season for residential and commercial  
          development.  If the racetrack closes, legislation would be  
          required to reallocate Hollywood Park's race dates and relocate  
          horse training and stabling facilities.  The author's office  
          states that this bill will very likely be the vehicle to address  
          the necessary statutory changes if Hollywood Park closes this  
          year.   


          MW:k  4/23/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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