BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 3074
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 3074 (Governmental Organization Committee)
          As Amended August 18, 2008
          2/3 vote
           
           
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          |ASSEMBLY: |70-2 |(May 15, 2008)  |SENATE: |34-0 |(August 25, 2008)    |
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           SUMMARY:  Allows a harness racing association in California to  
          import all of the races conducted on Kentucky Futurity day,  
          irrespective of the six-race day limit in law and increases,  
          from 23 to 32, the limitation on the total number of  
          out-of-state Thoroughbred races that may be imported per day by  
          a Thoroughbred association or fair that is conducting a live  
          race meet.

           The Senate amendments  :

          1)Increases, from 23 to 32, the limitation on the total number  
            of out-of-state Thoroughbred races that may be imported per  
            day by a Thoroughbred association or fair that is conducting a  
            live race meet with approval by the California Horse Racing  
            Board (CHRB).

          2)Eliminates the ceiling on the total number of out-of-state  
            Thoroughbred races that may be imported in a given year. 

           EXISTING LAW  :

          1)Provides that CHRB regulate the various forms of horse racing  
            authorized in this state.

          2)Authorizes a licensed harness racing association that is  
            conducting a live racing meeting in this state to accept  
            wagers on the full card of races conducted by another racing  
            association on the day that other association conducts the  
            Breeder's Crown Stakes, the Meadowlands Pace, the  
            Hambletonian, or the North American Cup.

          3)Limits the number of races that may be imported by  
            associations and fairs to no more than 23 races per day on  
            days when live Thoroughbred or fair racing is being conducted  
            in this state, with specified exceptions.  Exempts from that  








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            23-race per day limit races imported that are part of the race  
            card of certain prominent races, including the Kentucky Derby,  
            the Kentucky Oaks, the Preakness Stakes, the Belmont Stakes,  
            the Jockey Club Gold Cup, the Breeders' Cup, or the Haskell  
            Invitational.

          4)Provides that wagering on these races may occur without the  
            consent of the horsemen/women participating in the meet, and  
            without regard to the amount of purses involved with the  
            races, so long as the total number of thoroughbred races on  
            which wagers are accepted in any given year does not exceed  
            the total number of Thoroughbred races imported in 1998.

          5)Authorizes Thoroughbred racing associations or fairs to  
            distribute the audiovisual signal and accept wagers on the  
            results of out-of-state and international Thoroughbred races  
            during the calendar period the association or fair is  
            conducting live racing, including days on which there is no  
            live racing being conducted by the association or fair.

           FISCAL EFFECT  :  According to the Senate Committee analysis,  
          potential increase in state license fee revenues from increased  
          wagering opportunities.

           COMMENTS  :  This bill will allow a harness racing association in  
          California to import all of the races conducted on Kentucky  
          Futurity day, irrespective of the six-race day limit.  The  
          Kentucky Futurity is a stakes race for three-year-old trotters,  
          held annually at The Red Mile in Lexington, Kentucky since 1893.  
           It is part of the Triple Crown of Harness Racing for Trotters.   
          It is one of the few events in the sport that uses the  
          traditional format in which a horse must win two heats to take  
          home the trophy.  Winning the Kentucky Futurity has never been  
          only about money, it has also been about the prestige and  
          tradition associated with the race.  

          This bill will also increase the number of out-of-state races on  
          which Thoroughbred and fair racing associations may simulcast  
          and accept wagers on each day from 23 to 32.  Allowing an  
          association or fair to import more out-of-state races will give  
          California racetracks more leverage with tracks outside of the  
          state.  Presently, due to the 23 limitation, California  
          Thoroughbred and fair tracks are sending their signal to  
          out-of-state locations, which generates little revenue for  
          purses and commissions.  If California Thoroughbred or fair  








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          meets were able to accept more out-of-state races under some  
          type of reciprocity agreement, a majority of the money wagered  
          in California would stay in the state for commissions, purses,  
          breeder's awards, and state license fees.

          AB 3074 will give California Horse Racing Industry a marketing  
          tool to increase on-track and off-track attendance because more  
          quality races from out-of-state locations would be able to be  
          offered to their wagering patrons.  This bill will also give the  
          industry a mechanism to increase track commissions, purses,  
          breeder's awards, and state license fees.   

          Related legislation:  AB 2812 (Silva) of 2008, allows a harness  
          and Quarter Horse racing association to import not more than  
          eight races on live racing days.  (Assembly Third Reading)

          Prior legislation:  AB 1736 (Assembly Committee on Governmental  
          Organization), Chapter 444, Statutes of 2007, adds the "Travers  
          Stakes" to the group of specific stake races which are exempt  
          from the 23-race per day limit on imported races, as specified.

          SB 379 (Denham), Chapter 443, Statutes of 2007, adds the Dubai  
          World Cup race to a specified list of races that would be  
          exempted from the 23-race per day limit on imported races for  
          satellite wagering in California.

          SB 2035 (Karnette), Chapter 268, Statutes of 2002, allows a  
          harness or Quarter Horse racing association to "bank" up to two  
          out-of-state or out-of-county imported races on a specific race  
          day, and then add those races to another race day's importation  
          schedule.

          SB 590 (Perata), Chapter 936, Statutes of 2001, authorizes  
          Thoroughbred racing associations and fairs in the northern  
          racing zone to increase the number of imported racing simulcasts  
          available to be wagered upon if the CHRB reduces the number of  
          live racing days.

          SB 1183 (Margett), Chapter 232, Statutes of 2004, authorizes a  
          harness racing association that is conducting a live race  
          meeting to accept wagers on the full card of races conducted by  
          another racing association on the day the other racing  
          association conducts the Breeder's Crown Stakes, the Meadowlands  
          Pace, the Hambletonian or the North American Cup.









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          AB 509 (Jerome Horton), Chapter 235, Statutes of 2004, allows a  
          Thoroughbred or fair association to distribute the audiovisual  
          signal and accept wagers on the results of out-of-country  
          Thoroughbred races during the calendar period the association or  
          fair is conducting a race meeting under specified conditions.


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


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