BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 1289
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1289 (Price)
          As Amended August 22, 2008
          Majority vote
          
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          |ASSEMBLY:  |     |(June 5, 2007)  |SENATE: |38-0 |(August 29,    |
          |           |     |                |        |     |2008)          |
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                            (vote not relevant)
           
           Original Committee Reference:    G.O.  

           SUMMARY  :  Makes a technical change to horse racing law relating  
          to the distribution of proceeds during that time of the year  
          when the racing dates between the Humboldt County Fair and San  
          Mateo County Fair overlap.  Extends the sunset date on a program  
          to provide an additional take-out from wagers for defraying  
          workers' compensation insurance premiums for the harness racing  
          industry. 

           The Senate amendments  :

          1)Allow the Humboldt County Fair to continue to receive and  
            split satellite-wagering revenues when their signal  
            distributor, Bay Meadows, ceases to operate live racing.  The  
            revenue split will now occur between the fair and another  
            racing association or fair.

          2)Extend the sunset date, from January 1, 2009, to January 1,  
            2014, which authorizes a harness racing association, upon  
            approval of the organization representing harness horsemen and  
            horsewomen, to deduct an additional 1% from the conventional  
            pari-mutuel pools of harness races for workers' compensation  
            costs of trainers, as specified.

           EXISTING LAW  :

          1)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-country wagers consistent with the  
            restrictions currently imposed on the San Mateo County Fair in  
            this circumstance.








                                                                           
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          2)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.

          3)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

          4)Authorizes, until January 1, 2009, upon approval of the  
            organization representing harness horsemen and horsewomen, a  
            separate deduction of 1% from the exotic pari-mutuel pools of  
            horse races to help defray workers' compensation costs.

           AS PASSED BY THE ASSEMBLY  , this bill extended the sunset  
          provision relating to Advance Deposit Wagering (ADW) from  
          January 1, 2008, to January 1, 2011.  Added a requirement that  
          employees who operate and administer ADW on a daily basis shall  
          work in California

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  According to the author, 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 the Humboldt County Fair to  
          continue to receive and split satellite-wagering revenues when  
          their signal distributor, Bay Meadows, ceases to operate live  
          racing in August 2008.  The revenue split will now occur between  
          the Humboldt County Fair and another racing association or fair.

          In addition, this bill extends the sunset date from January 1,  
          2009, to January 1, 2014, for a program, which provides  
          additional relief to harness racing trainers by defraying  
          workers' compensation insurance premiums.  AB 701 (Jerome  
          Horton), Chapter 40, Statutes of 2004, provides the horse racing  
          industry with some relief through the redistribution of the  
          pari-mutuel handle on specific wagers for designated racing  








                                                                           
           AB 1289
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          associations.  AB 701 contained a January 1, 2009, sunset date.
           
          AB 2103 (Plescia) of 2008 which is in enrollment, extends the  
          sunset date for workers' compensation relief from 2009 to 2014  
          for the Thoroughbred and Quarter Horse industry in California.   
          Unfortunately, the harness racing industry was omitted from that  
          sunset date extension.  AB 1289 corrects that error.
           
          The California horse racing industry's program to offset the  
          workers' compensation costs for trainers has been highly  
          successful.  Industry rates have declined by over 70%, which has  
          helped to prevent the exodus of trainers and horses from  
          California.  Furthermore, the California Harness Horsemen's  
          Association (CHHA) has established industry safety training  
          programs, treatment oversight programs, return to work programs,  
          and safety equipment research programs, which have drastically  
          reduced the number of accidents and the cost of resulting  
          claims.
                     
          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 "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% of the handle from wagers made on  
          out-of-zone, out-of-state, and out-of-country races.   The  
          monies paid to the Humboldt County Fair come from license fee  
          revenues.  From the remaining amount, 50% is retained by San  
          Mateo Fair to be distributed equally as commission and purses,  
          and 50% shall be paid to the state as a license fee.  The  
          survival of many fair racing operations is dependent on income  
          generated from simulcast wagering.  This bill allows Humboldt to  
          continue its racing meet 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  








                                                                           
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          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 1% 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.

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


          FN: 0007661