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)


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        |COMMITTEE VOTE:  |11-0 |(August 30, 2008)   |RECOMMENDATION: |concur    |
        |                 |     |                    |                |          |
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        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  








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          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.

        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  








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        specific wagers for designated racing 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  
        revenue if their signal distributor (the San Mateo Fair) ceases to  
        operate, by shifting the signal distribution to another in-state  
        racing entity.








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        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 

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