BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2205|
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                                 THIRD READING


          Bill No:  AB 2205
          Author:   Garrick (R)
          Amended:  8/14/08 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  :  75-0 (Passed on Consent), 5/15/08 - See  
            last page for vote


           SUBJECT  :    Horse racing:  racing weeks:  allocations

           SOURCE  :     Author


           DIGEST  :    This bill authorizes the California Horse Racing  
          Board (CHRB) to allocate the dates formerly allocated to a  
          venue to other associations or racing fairs that conduct  
          licensed race meetings in 2008 in the southern or central  
          zone in accordance with specified requirements, as  
          specified.

           Senate Floor Amendments  of 8/14/08 clarify that no  
          thoroughbred racing association or racing fair shall  
          receive more than 25 race weeks per year, authorizes the  
          Los Angeles County Fair Association (Fairplex) to remain  
                                                           CONTINUED





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          eligible for additional race dates even if it has to close  
          for a short time to make infrastructure improvements to  
          become a first rate thoroughbred racing facility, re-states  
          existing law that the allocation of race dates in the  
          central and southern zones shall be made by the CHRB, and  
          deletes the requirement that a thoroughbred racing  
          association, racing fair, and the Thoroughbred Owners of  
          California meet annually to develop a race date allocation  
          plan that may be adopted by CHRB.

           ANALYSIS  :    Existing law requires the CHRB to make  
          allocations of racing weeks, including simultaneous racing  
          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.

          This bill:

          1.Authorizes the CHRB, if a venue used for thoroughbred  
            racing by an association or racing fair licensed to  
            conduct thoroughbred racing in the central zone in 2008  
            is not available for racing in 2009 or thereafter, to  
            allocate the dates formerly allocated to that venue to  
            licensed associations or racing fairs in the southern or  
            central zone.

          2.Provides that, upon allocation of dates pursuant to these  
            provisions, no association or racing fair licensed to  
            conduct thoroughbred racing in the southern or central  
            zones may receive more than 25 weeks of thoroughbred  
            racing in the combined southern and central zones.

          3.Prohibits the aggregate allocation of racing weeks  
            conducted in the southern and central zones from  







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            exceeding the total aggregate racing weeks permitted to  
            be run in those zones, as specified.

           Comments

           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  
          currently anticipated 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 addresses 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  
          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 weeks than 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 (Los Angeles and San Diego  







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          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 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 one percent 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 Fairs and Exposition Fund for CHRB  
          administrative costs.

           AB 2830 (Negrete McLeod), 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.  (Died on Senate Inactive File)

           SB 241 (Ayala), 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  







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          zone is conducting racing and the fair has outstanding debt  
          obligations resulting from track improvements.  (Subject  
          matter provisions were amended out in the Assembly)

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

           SUPPORT  :   (Verified  8/18/08)

          California Thoroughbred Trainers
          Golden Gate Fields
          Santa Anita Park
          Thoroughbred Owners of California
          Los Angeles County Fair Association (Fairplex)
          Oak Tree Racing Association
          22nd District Agricultural Association


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Aghazarian, Anderson, Arambula, Beall,  
            Benoit, Berg, Berryhill, Blakeslee, Brownley, Caballero,  
            Charles Calderon, Carter, Cook, Coto, Davis, De La Torre,  
            De Leon, DeSaulnier, DeVore, Duvall, Emmerson, Eng,  
            Evans, Feuer, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garcia, Hancock, Hayashi, Hernandez, Houston,  
            Huff, Huffman, Jeffries, Jones, Keene, Krekorian, La  
            Malfa, Laird, Leno, Levine, Lieber, Lieu, Ma, Maze,  
            Mendoza, Mullin, Nakanishi, Nava, Niello, Nunez, Parra,  
            Plescia, Portantino, Price, Sharon Runner, Ruskin, Salas,  
            Saldana, Silva, Smyth, Solorio, Spitzer, Strickland,  
            Swanson, Torrico, Tran, Villines, Walters, Wolk, Bass
          NO VOTE RECORDED:  Dymally, Garrick, Horton, Karnette, Soto


          TSM:cm  8/18/08   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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