BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 1289|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 1289
          Author:   Price (D)
          Amended:  8/22/08 in Senate
          Vote:     21

           
           SENATE GOVERNMENTAL ORG. COMMITTEE  :  9-0, 6/24/08
          AYES:  Florez, Battin, Denham, Harman, Negrete McLeod,  
            Padilla, Vincent, Wiggins, Yee
          NO VOTE RECORDED:  Wyland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Fairs:  wagering:  out-of-zone, out-of-state,  
          and out-of-
                      country races:  harness racing:  workers  
          compensation

           SOURCE  :     Author


           DIGEST  :    This bill makes clarifying changes to existing  
          law governing the distribution of proceeds relating to the  
          overlap of racing dates between the Humboldt County Fair  
          and the San Mateo County Fair.  This bill makes other  
          clarifying changes concerning the satellite wagering  
          distribution and these fairs.

           Senate Floor Amendments  of 8/22/08 extend the sunset date,  
          from January 1, 2009, to January 1, 2014, on a program to  
                                                           CONTINUED





                                                               AB 1289
                                                                Page  
          2

          allow a harness racing association to deduct an additional  
          one percent of the total amount handled in exotic  
          pari-mutuel pools to defray the costs of paying for  
          workers' compensation insurance.

           ANALYSIS  :    Existing law authorizes any other fair or  
          thoroughbred association which is running concurrently to  
          the Humboldt County Fair, to distribute the satellite  
          signal and accept out-of-zone, out-of-state and  
          out-of-county wagers consistent with the restrictions  
          currently imposed on the San Mateo County Fair in this  
          circumstance.

          Existing law authorizes the San Mateo County Fair to  
          operate a satellite wagering facility on the fairgrounds or  
          on leased premises in San Mateo County, if the racing  
          association licensed in the year 2002 to conduct  
          thoroughbred race meetings at Bay Meadows is not so  
          licensed in any subsequent year.

          Existing law specifies that if the racing association  
          licensed in the year 2002 to conduct a thoroughbred racing  
          meeting there is not licensed to do so in any subsequent  
          year, the fair could conduct its racing dates at a facility  
          operated by a thoroughbred racing association or fair  
          licensed to conduct a meeting in the northern zone.

          This bill:

          1.Makes a technical change to the horse racing law dealing  
            with the distribution of proceeds with regards to overlap  
            of racing dates between the Humboldt County Fair and the  
            San Mateo County Fair.

          2.Allows the San Mateo County Fair, or other fair or racing  
            association with overlapping racing dates with the  
            Humboldt County Fair, to continue to receive and split  
            satellite wagering revenue when their signal distributor,  
            Bay Meadows, ceases to operate.

          Existing law authorizes a harness racing association, until  
          January 1, 2009, upon approval of the organization  
          representing harness horsemen and horsewomen, to deduct an  
          additional one percent from the conventional pari-mutuel  

                                                           CONTINUED





                                                               AB 1289
                                                                Page  
          3

          pools of harness races for workers' compensation costs of  
          trainers, as specified, with any funds not expended for  
          this purpose in the year in which they are collected to  
          either be used for the following year's workers'  
          compensation costs or to benefit the harness purse pool, as  
          specified.  If the harness racing association and the  
          organization representing harness horsemen and horsewomen  
          cannot agree on the manner of distribution of these funds,  
          the matter is required to be submitted to the California  
          Horse Racing Board (CHRB) for a decision.

          This bill extends the operation of these provisions until  
          January 1, 2014.

           Comments

           According to the author's office, under current law, the  
          Humboldt and San Mateo County Fairs share a satellite  
          signal of horse racing.  The law allows wagers to be  
          accepted and revenue to be shared.  This bill allows  
          whatever fair or racing association takes over the San  
          Mateo dates and the Humboldt County Fair to continue to  
          receive and split satellite wagering revenue when their  
          signal distributor, Bay Meadows, ceases to operate.
           
          Background  .  Each year, when the Humboldt and San Mateo  
          County Fairs concurrently hold race meets, the San Mateo  
          County Fair is authorized to distribute the Humboldt County  
          satellite signal and accept wagers (this is known as the  
          "overlap").  Current law provides that only one simulcast  
          host is authorized in a racing zone at any one time.  Both  
          Bay Meadows and Humboldt are in the Northern Zone.

          As part of the overlap, San Mateo is required to give  
          Humboldt .75 percent of the license fees generated from the  
          out-of-zone, out-of-state, or out-of-country handle.  From  
          the remaining amount, 50 percent shall be retained by San  
          Mateo to be distributed equally as commission and purses,  
          and 50 percent shall be paid to the state as a license fee.  
           This is, in essence, the commission that Humboldt gets for  
          the wagering made on its races via simulcast.

          For nearly 60 years, the San Mateo County Fair has been  
          operating its racing meet at the Bay Meadows facility  

                                                           CONTINUED





                                                               AB 1289
                                                                Page  
          4

          because the fairgrounds and Bay Meadows enclosure are  
          adjacent to each other.  They share the same satellite  
          wagering facility.

          Humboldt County has been conducting a racing meet for well  
          over a century.  It is one of the oldest in the fair  
          circuit.  Simulcast racing is a major part of the racing  
          industry.  The survival of many fair racing operations is  
          dependent on income generated from simulcast wagering.   
          This bill allows Humboldt to continue its racing meets and  
          offer its patrons the opportunities to watch and wager on  
          simulcast races, as well.

           Prior/Related Legislation

          AB 2338 (Papan), Chapter 1063, Statutes of 2002  .  Allows  
          the CHRB to preserve the San Mateo County Fair's satellite  
          wagering facility should Bay Meadows cease to exist.

           AB 672 (Strom-Martin), Chapter 27, Statutes of 2001  .   
          Permits the Humboldt County Fair to continue to receive  
          satellite wagering revenue if their signal distributor (the  
          San Mateo Fair) ceases to operate, by shifting the signal  
          distribution to another in-state racing entity.

           AB 762 (Papan), Chapter 848, Statutes of 2001 .  Authorizes  
          the CHRB to reallocate the San Mateo County Fair's racing  
          dates to another racing facility (whether another fair or  
          private facility) when Bay Meadows becomes unavailable for  
          racing.

           AB 2011 (Hauser), Chapter 219, Statutes of 1996  .  Provides  
          that three-fourths of one-percent of the out-of-zone  
          wagering handle generated by the San Mateo County Fair  
          shall be allocated to the Humboldt county Fair rather than  
          be paid to the state as a license fee.

           AB 3090 (Machado), Chapter 741, Statutes of 1996  .  Provides  
          CHRB with the authority to grant combined racing dates at  
          fair meets with the anticipation that Bay Meadows would be  
          closing.

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

                                                           CONTINUED





                                                               AB 1289
                                                                Page  
          5


           SUPPORT  :   (Verified  8/25/08)

          Humboldt County Fair




          TSM:cm  8/27/08   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****
































                                                           CONTINUED