BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  AB  
          2205
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                           Senator Dean Florez, Chair
                           2007-2008 Regular Session
                                 Staff Analysis



          AB 2205  Author:  Garrick
          As Amended:  June 19, 2008
          Hearing Date:  June 20, 2008
          Consultant:  Chris Lindstrom


                                     SUBJECT  

             Horse racing: racing weeks: 22nd District Agricultural  
                                  Association.

                                   DESCRIPTION
           
          AB 2205 provides that, in the event a thoroughbred racing  
          venue in the central zone in 2008 is not available for  
          racing in 2009 or thereafter, the dates formerly allocated  
          to that venue shall be available for allocation to other  
          associations or fairs.

          The bill provides that the associations and fairs that  
          conducted licensed race meetings in 2008 in the southern or  
          central zone may conduct additional racing using an  
          allocation of those unused dates from the central zone.

          The bill provides that absent its consent to accept a  
          lesser allocation, an association or fair that conducted  
          licensed race meetings in 2008 in the southern or central  
          zone shall be entitled to an allocation of not less than  
          the dates allocated to it during 2007 or 2008, whichever is  
          greater.

          The bill provides that an association or fair continuing to  
          conduct racing in 2009 and beyond, together with the  
          organization representing thoroughbred horsemen, shall  
          annually, on a date set by the board, submit an agreed upon  
          plan of allocation that the CHRB may adopt.




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          The bill provides that the aggregate allocation of racing  
          weeks conducted in the southern and central zones shall not  
          exceed the total aggregate racing weeks permitted to be run  
          in the southern and central zones by current law.

                                   EXISTING LAW

           Existing law requires the CHRB to make allocations of  
          racing weeks, including simultaneous racing between zones,  
          as it deems appropriate. 

          Existing law specifies that the maximum number of racing  
          weeks that may be allocated for horse racing other than at  
          fairs, shall be 42 weeks of thoroughbred racing per year in  
          the central zone; and seven weeks per year in the southern  
          zone (Del Mar).

          Existing law provides that the southern zone consists of  
          the Counties of Imperial, Orange, Riverside, and San Diego.  
           The central zone consists of the Counties of Kern, Los  
          Angeles, San Bernardino, San Luis Obispo, Santa Barbara,  
          and Ventura.

                                    BACKGROUND
           
          Purpose of the bill.  According to the author's office,  
          this bill is designed to provide the CHRB with the  
          flexibility to reallocate racing dates in the event that  
          Hollywood Park shuts down, as is threatened after the  
          summer 2009 meet.  This bill allows Del Mar to potentially  
          receive additional dates (on top of their seven-week meet)  
          as long as the aggregate number of weeks in the southern  
          and central zones does not exceed 49 weeks.

          Background.  The bill address concerns raised by some  
          members of the horse racing industry, and are aimed at  
          protecting the existing dates for the various racing  
          associations and fairs, while also giving the industry a  
          little more flexibility autonomy in terms of annually  
          coming up with an allocation proposal, which must then be  
          approved by CHRB.

          When Hollywood Park closes, other tracks in Southern  
          California will have to pick up the dates traditionally run  
          at Hollywood.  However, the industry faces several  




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          logistical and legal problems as it seeks to adjust to the  
          loss of a major, world-class racing facility.  Under  
          current law, Del Mar is restricted to seven weeks of  
          racing.  Fairplex (Los Angeles County Fair) is restricted  
          to three weeks.  Complicating matters, Fairplex may need to  
          undertake major renovations and improvements, including  
          replacing its existing oval with a mile track, in order to  
          host a full season of "major-league" racing.  

          Many argue that the Santa Anita Park racing facilities  
          physically cannot handle running all of its dates, the Oak  
          Tree Racing Association's dates as well as Hollywood's  
          dates.  If Fairplex has to close down for an extended  
          period to make these modifications, coupled with the  
          existing restriction on the number of week that can be run  
          at Del Mar, the Santa Anita facilities may be overwhelmed.

          This bill allows the racing associations and fairs in the  
          central and southern zones (LA and San Diego Counties) to  
          get together and present a plan allocating racing dates to  
          the remaining facilities that takes into account the  
          logistical problems of losing a major venue.  It provides  
          the flexibility to distribute the racing weeks  
          notwithstanding length of meet restrictions or the need to  
          shuffle things up to allow for the improvements to be made  
          at Fairplex.  At the same time, it protects the remaining  
          facilities by guaranteeing them at least the same number of  
          weeks they were authorized to run in 2008 in perpetuity.

                            PRIOR/RELATED LEGISLATION
           
          AB 241 (Price), Chapter 594, Statutes of 2007.  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.  

           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.




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           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 Fairs & Exposition Fund for CHRB  
          administrative costs. 

           AB 2830 (Negrete McLeod), 2001-2002 Legislative 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)

           SB 281 (Ayala), 1997-1998 Legislative 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)

           SUPPORT:   (As of June 20, 2008)

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

           OPPOSE:   (As of June 20, 2008)

          None on file.

           FISCAL COMMITTEE:   Senate Appropriations Committee



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