BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2226| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2226 Author: Bigelow (R) Amended: 8/19/16 in Senate Vote: 27 SENATE GOVERNMENTAL ORG. COMMITTEE: 13-0, 6/28/16 AYES: Hall, Berryhill, Bates, Block, Gaines, Galgiani, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Vidak SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 76-0, 5/19/16 (Consent) - See last page for vote SUBJECT: Horse racing: fairs SOURCE: California Authority of Racing Fairs DIGEST: This bill authorizes a fair to contract with two or more fairs that are licensed to conduct thoroughbred meetings within the northern zone for the operation and management of a satellite wagering facility. Additionally, this bill specifies that any unallocated balance of revenues derived from license fees from satellite wagering and distribution of handle from live racing at fairs is continuously appropriated for allocation by the Secretary of Food and Agriculture to California fairs for specified purposes. Senate Floor Amendments of 8/19/16 make several substantive and clarifying changes to existing provisions of law relating to the Fair and Exposition Fund which are intended to restore the authority the Secretary of Food and Agriculture had over monies appropriated by the Legislature to California fairs for specified purposes. AB 2226 Page 2 ANALYSIS: Existing law: 1)Provides, pursuant to Article IV, Section 19(b) of the Constitution of the State of California, that the Legislature may provide for the regulation of horse races and horse race meetings and wagering on the results. 2)Grants the California Horse Racing Board (CHRB) the authority to regulate the various forms of horse racing authorized in this state. 3)Authorizes the CHRB to permit licensed racing associations, fairs and mini-satellite licensees to operate satellite wagering facilities. 4)Authorizes the CHRB to approve the establishment of 15 mini-satellite wagering sites in each zone (for a total of 45) and defines "mini-satellite wagering site" to mean a location where satellite wagering may be conducted, with the approval of the CHRB, provided that the wagering occurs in an area that is restricted to those who are 21 years of age or older. 5)Specifies that no mini-satellite site may be located within 20 miles of a race track, a satellite wagering facility, or a tribal casino that has a satellite wagering facility without the consent of each facility within a 20-mile radius. 6)Provides that any unallocated balance from the total revenue received by the Department of Food and Agriculture pursuant to Horse Racing Law, except as specified, is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for, among other things, fair projects involving public health and safety and projects that are required to protect fair property. Horse Racing Law also provides that a portion of these funds may be allocated to California fairs for general support. 7)Provides that all funds appropriated for California fairs and AB 2226 Page 3 expositions pursuant to specified provisions of law shall not be utilized for the purposes specified in those provisions but shall instead be utilized for the construction or operation of recreational and cultural facilities of general public interest and may be allocated by the Secretary of Food and Agriculture to all state designated fairs for those purposes. This bill: 1)Makes a minor change to the state's Horse Racing Law regarding the licensing and location of satellite wagering facilities by clarifying two fairs may enter into an agreement or partnership to establish a satellite facility within the northern zone. 2)Specifies that any unallocated balance of revenues derived from satellite wagering license fees and the distribution of handle from live racing at fairs (excluding satellite) is continuously appropriated for allocation by the Secretary of Food and Agriculture to California fairs for specified purposes. 3)Deletes reference to certain obsolete Business & Professions Code Sections that appear in Section 3200 of the Food and Agriculture Code relating to the Fair and Exposition Fund and specifies that all funds appropriated or designated for California fairs and expositions shall be deposited in the Fair and Exposition Fund and be continuously appropriated as specified in Horse Racing Law. Background Satellite wagering. California has allowed off-track betting in satellite wagering facilities located at fairs and racing associations throughout the state for over 30 years. Satellite wagering 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 would expose and market horse racing to potential customers and also make it far more convenient for existing patrons to wager more often. AB 2226 Page 4 Currently, there are 28 satellite wagering facilities in California - five of the facilities are at privately operated racetracks, five at fairs that conduct live racing, fourteen at county fairs and district agricultural associations, and four on Indian lands. Simulcast-only facilities do not have live racing. Those facilities accept wagers on races broadcast via simulcast from in-state and out-of-state racetracks. In 2007, AB 241 (Price, Chapter 594, Statutes of 2007) was enacted to authorize the creation of 15 "mini-satellites" in each racing zone for a total of 45. The stated intent of AB 241 (Price) was to make the sport of horse racing even more accessible to potential California bettors and to increase the handle - the amount wagered on horse races. To date, ten mini-satellite facilities have been licensed statewide. California's Horse Racing Law requires the CHRB to issue a license to a mini-satellite facility for two years, and then review the operation and the size of the handle, and determine if it is in the best interest of horse racing to relicense the facility or, in the alternative, license another mini-satellite facility that might generate a greater handle. If there are more than 15 applications for mini-satellite wagering facilities in any zone, the CHRB must determine which facilities will generate the largest handle, and give priority to the approval of those facilities. California's Horse Racing Law makes it explicit that no mini-satellite site may be located within 20 miles of a race track, a satellite wagering facility, or a tribal casino that has a satellite wagering facility without the consent of each facility within a 20-mile radius. California network of fairs. Over the past 75 years, a designated funding source has existed for fairs from which the state has made significant investments in promoting the business operations and improving the infrastructure of California's fairs. Prior to 2009, license fees imposed on horse racing wagers were deposited into the Fair and Exposition Fund which, in addition to supporting the annual budget of the California Horse Racing AB 2226 Page 5 Board, also provided financial support for the network of California fairs. SBX2-16 (Ashburn, Chapter 12, Statutes of 2009) shifted the horse racing industry's obligation to fund fairs through license fees imposed on wagers to the General Fund. Specifically, SBX2-16 provided an annual continuous appropriation of $32 million from the General Fund to support the network of California fairs. This change was done as part of a package of measures designed to provide economic stimulus for the horse racing industry. In fiscal year 2011-12, fair funding at the state level was eliminated as part of a package of budget cuts designed to address the state's ongoing financial crisis. The 2016-17 state budget contained a $3 million appropriation to support the network of California fairs and a $4 million allocation for infrastructure needs at fairgrounds. Purpose of AB 2226. According to the author's office, there are a few locations in California where the 20-mile radius exclusion-zone of multiple fairs overlap. One such example is San Francisco and it falls within the exclusion zones of both the Alameda County Fair and the San Mateo County Fair. Under current law, fairs can partner with one or more racing associations that are licensed to conduct thoroughbred meetings within the northern zone for the operation of a satellite wagering facility. However, current law does not authorize two or more fairs to establish a partnership for the management of a satellite facility. This bill is intended to make it possible for Alameda and San Mateo to enter into such a joint-venture agreement for the purpose of establishing a CHRB licensed mini-satellite facility in San Francisco. Such a mini-satellite facility could be established in a restaurant, bar, club, etc. This bill is also intended to restore language relating to the continuous appropriation of Fair and Exposition Fund monies regardless of source which had been the law prior to elimination of fair funding in the 2011-12 budget bill referenced above. AB 2226 Page 6 Related/Prior Legislation SB 1439 (Price, 2010) would have decreased the exclusion zone in which a mini-satellite horse racing wagering facility can be situated in proximity to an existing horse racing satellite wagering facility or live horse racing race track from a 20 to 15 mile radius. (Failed passage on Senate floor) SBX2-16 (Ashburn, Chapter 12, Statutes of 2009-10 Second Extraordinary Session) among other things, 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 Fair and Exposition Fund for the financial support of the network of California fairs. AB 241 (Price, Chapter 594, Statutes of 2007) authorized all fairs to operate a satellite wagering facility off of the fair grounds. Also, authorized the establishment of up to 45 mini-satellite wagering sites to be operated by private industry throughout California. AB 1286 (Richardson, Chapter 202, Statutes of 2007) allowed the Alameda County Fair and the Los Angeles County Fair (Fairplex) to obtain authorization to operate new satellite wagering facilities off of their fair grounds under certain conditions. SB 1096 (Dutton, Chapter 1096, Statutes of 2005) authorized the National Orange Show (San Bernardino County) to operate a second satellite wagering operation within its fair district boundaries. AB 401 (J. Horton, Chapter 556, Statutes of 2003) permitted Cal-Expo, with the approval of the Department of Food and Agriculture and CHRB, to operate a satellite wagering facility within the boundaries of Cal-Expo in addition to any facility otherwise authorized under law. SB 14 (Maddy, Chapter 1273, Statues of 1987) expanded satellite wagering statewide. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No AB 2226 Page 7 SUPPORT: (Verified 8/22/16) California Authority of Racing Fairs (source) OPPOSITION: (Verified 8/22/16) None received ASSEMBLY FLOOR: 76-0, 5/19/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Rendon NO VOTE RECORDED: Chang, Mathis, McCarty, Williams Prepared by: Arthur Terzakis / G.O. / (916) 651-1530 8/22/16 20:37:52 **** END ****