BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2205
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          Date of Hearing:   April 16, 2008

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Alberto Torrico, Chairman
                    AB 2205 (Garrick) - As Amended:  April 2, 2008
           
           SUBJECT:   Horse racing: racing weeks: 22nd District  
          Agricultural Association.

           SUMMARY  :     Allows the California Horse Racing Board (CHRB) to  
          authorize the Del Mar Fair to use allocations of racing weeks  
          from the central zone and conduct thoroughbred racing throughout  
          the year.  Specifically,  this bill  :

          1)Allows the CHRB to authorize the 22nd District Agricultural  
            Association (Del Mar Fair) to use allocations of racing weeks  
            from the central zone and conduct thoroughbred racing  
            throughout the year, whether or not those racing days coincide  
            with an annual fair, so long as the aggregate racing weeks  
            conducted in the southern and central zones do not exceed the  
            total aggregate racing weeks allocated, as specified.  

           EXISTING LAW  :

          1)Provides the CHRB regulate the various forms of horse racing  
            authorized in this state.
                     
           2)Provides that CHRB has the authority to allocate racing dates  
            for horse racing meetings, as it deems appropriate in the  
            public's interest.  

          3)Provides with respect to Thoroughbred racing, that no more  
            than 44 weeks may be allocated in the northern zone, 42 weeks  
            in the central zone and seven weeks per year in the southern  
            zone (Del Mar Thoroughbred Club).  Limits a northern racing  
            fair to no more than 14 days of racing per year and a central  
            or southern fair to no more than three weeks of racing.

          4)Defines "racing days" as days on which a licensed racing  
            association or fair is authorized by the board to conduct  
            horse racing.

          5)Defines "racing weeks" as seven consecutive days during which  
            a licensed racing association or fair is authorized by the  
            CHRB to conduct horseracing for a minimum of five racing days.








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          6)Provides that any racetrack in the central zone that conducted  
            racing in 2007, but has since closed may continue to operate a  
            satellite wagering.  If the racetrack site is no longer  
            available for use as a satellite wagering facility, then the  
            owner of the racetrack may conduct satellite racing at another  
            location within that city, subject to approval of CHRB, as  
            specified.  

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :

           Purpose of the bill  .  According to the author, this bill might  
          end up being an important component to the stability and future  
          growth of the California horseracing industry. 

          Under current law, the southern racing zone is permitted to  
          conduct thoroughbred racing for a total of 7 weeks each year  
          (Del Mar Thoroughbred Club).  The central racing zone is  
          permitted to conduct thoroughbred racing for a total of 42 weeks  
          each year (Santa Anita Park and Hollywood Park).  In the event  
          of a track closure in the central racing zone, there is no  
          flexibility in current law that would allow a track in the  
          southern racing zone to absorb some of those lost thoroughbred  
          racing weeks.  AB 2205 would allow the CHRB to allocate  
          thoroughbred racing in the southern racing zone beyond the 7  
          weeks authorized under current law, as long as the aggregate  
          number of thoroughbred racing weeks in the central and southern  
          racing zones do not exceed 49 weeks.

          In support, the Thoroughbred Owners of California (TOC) writes,  
          "the goal of this bill is to mitigate disruption to the  
          California horseracing economy and jobs in the event an existing  
          racetrack shuts down.  This bill provides strategic flexibility  
          to allow racing and training at the Del Mar racetrack any time  
          during the existing year-round calendar, without increasing the  
          total number of racing weeks."

           Background  .  There has been a general decline in the number of  
          people attending and wagering at live horse racetracks in  
          California due to a number of factors, including increased  
          competition from other forms of gaming, unwillingness of  
          customers to travel a significant distance to racetracks and the  
          availability of off-track wagering.  The declining attendance at  








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          live horse racing events has prompted racetracks to rely on  
          revenues from in-state and out-of-state satellite wagering and  
          account wagering.  Considering all of this, the CHRB must begin  
          to look at race date alternatives should a licensed California  
          racetrack decide to cease live racing operations due to the  
          general declining economics within the business.

          Hollywood Park racetrack in Inglewood, which is owned by the Bay  
          Meadows Land Company, has made it clear they want "help from the  
          state Legislature in the form of slot machines or video lottery  
          terminals to keep captive bettors at the track.   If that does  
          not happen, the owner warned the track could be torn down and  
          replaced by commercial and real estate development in the  
          future. 

          There are large questions that need to be answered in  
          California's racing industry relating to its future (race dates  
          and stabling of horses).  The industry is in the process of  
          identifying what the possibilities are and deciding which ones  
          are realistic and which ones are unrealistic.

          The 22nd District Agricultural Association Fairgrounds, an  
          agency of the State of California, owns and operates the  
          fairgrounds.  Its staff organizes four major annual events,  
          including the annual San Diego County Fair, and runs Surfside  
          Race Place, the year-round satellite horse racing facility.  The  
          Del Mar Thoroughbred Club leases the facilities for its live  
          Thoroughbred meet each summer (43 days).  Each year, hundreds of  
          consumer and trade promoters rent the fairgrounds facilities for  
          home and garden shows, dog shows, antique fairs, sports shows,  
          music festivals and much more.  No tax dollars are used; the  
          fair is entirely self-supporting.

           Committee amendment  .  The following amendment should be included  
          into the bill, to stay consistent with recent legislative  
          action: On page 2 line 4 after "law" insert: in the event a  
          venue used for thoroughbred racing by an association licensed to  
          conduct thoroughbred racing in the central zone in 2008 is not  
          available for racing in 2009 or thereafter, 


           Prior legislation  .  


          AB 241 (Price), Chapter 594, Statutes of 2007, provides that any  








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          racetrack in the central zone that conducted racing in 2007, but  
          has since closed may continue to operate a satellite wagering.   
          If the racetrack site is no longer available for use as a  
          satellite wagering facility, then the owner of the racetrack may  
          conduct satellite racing at another location within that city,  
          subject to approval of CHRB, as specified.  

          AB 765 (Evans), Chapter   613, Statutes of 2007, provides that a  
          fair, combination of fairs, or an association conducting racing  
          at a fair, may, with CHRB approval, deduct an additional 1% from  
          its handle, to be used for maintenance and improvements at a  
          fair's racetrack inclosure, as specified.

          SB 1227 (Soto), Chapter 918, Statutes of 2004, allows the Los  
          Angeles County Fair Association (LACFA/Fairplex) to retain any  
          increases above the 2004 level of the license fees for payment  
          of a capital expense loan.  Any portion of the license fees in  
          excess of the loan payment amount will be deposited into the F&E  
          Fund for CHRB administrative costs. 

          SB 281 (Ayala) of the 1997-98 Session would have prohibited the  
          CHRB from allocating racing dates to a private thoroughbred  
          racing association if a fair racing association in the same zone  
          is 
          conducting racing and the fair has outstanding debt obligations  
          resulting from track improvements.  (Gutted and amended in the  
          Assembly)

          AB 2830 (Negrete McLeod) of the 2001-02 Session would have  
          allowed LACF to continue operating its satellite wagering  
          facility, should the fair decide to move its live racing meeting  
          as             specified.  (Gutted and amended in the Assembly)

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Thoroughbred Trainers
          Golden Gate Fields
          Santa Anita Park
          Thoroughbred Owners of California

           Opposition 
           
          None on file








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