BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 561
                                                                  Page  1

          Date of Hearing:   June 25, 2008

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                               Curren Price, Chairman
                    SB 561 (Margett) - As Amended:  June 16, 2008

           SENATE VOTE  :   N/A
           
          SUBJECT  :   Horse racing: racing days.

           SUMMARY  :   Changes the number of live racing days that maybe  
          allocated by the California Horse Racing Board (CHRB) to a  
          thoroughbred or fair racing association in the northern zone.   
          Specifically,  this bill  : 

          1)Allows an association licensed to conduct thoroughbred racing  
            in the northern zone up to 35 weeks of racing. 

          2)Expands the maximum period for racing allocated to a fair to 4  
            weeks each year and would remove the prohibition on racing  
            outside of the period in which general fair activities are  
            conducted.

          3)Authorizes combined fair horse racing meetings during the  
            month of June, and would delete that limitation on the total  
            combined number of dates for combined fair horse racing  
            meetings.  

           EXISTING LAW  :

          1)Provides that CHRB regulate the various forms of horse racing  
            authorized in this state.
                     
           2)Allows CHRB to allocate a maximum of 14 days of horse racing  
            to any fair association in the northern zone.  The racing  
            dates shall be days during the period in which general fair  
            activities are conducted.

          3)Provides that any fair racing association that conducted  
            racing in the central or southern zone prior to January 1,  
            1980, shall be entitled to be allocated up to three weeks of  
            racing.  The racing dates shall be days during the period in  
            which general fair activities are conducted.

          4)Permits CHRB to allocate horse racing dates for combined fair  








                                                                  SB 561
                                                                  Page  2

            race meetings under the following conditions:

             a)   CHRB will only allocate combined fair race meeting dates  
               between July 1 and October 31; and, b) the total combined  
               number of dates shall not exceed the total dates of the  
               combined fair racing associations in 1995.

          1)Permits the San Mateo County Fair to conduct a live racing  
            meeting in the northern zone at another site within or outside  
            San Mateo County if its present site, Bay Meadows, closes.

          2)Authorizes the Solano County Fair to conduct live racing  
            meetings at another site within or outside Solano County, if  
            the site of its 2002-racing meeting is no longer available for  
            horse racing in any subsequent year.

          3)Limits an association licensed to conduct thoroughbred racing  
            in the northern zone to 22 weeks of that racing.

          4)Requires CHRB or its subcommittees, to take public testimony  
            and make all determinations on the allocation of racing dates  
            during a public hearing.

           FISCAL EFFECT  :   Unknown.

           COMMENTS : 

           Purpose of this bill  :  According to the author, in view of the  
          prevailing economic condition of horse racing in California, it  
          might be worthwhile for CHRB to grant fairs and thoroughbred  
          association's greater flexibility to conduct live horse racing  
          activities in northern California.  Currently, a fair may not  
          run more than 14 days and must operate those dates during the  
          time the fair is operating.  If enacted, this bill would allow  
          CHRB to allocate up to 4 weeks of racing (28 days) to a fair in  
          the northern zone even if the fair is not conducting any type of  
          fair activities.  The bill would also allow a thoroughbred  
          racing association in the northern zone to increase the number  
          of racing weeks they may run from 22 to 35 weeks. 

          The author states, due to the imminent closure of Bay Meadows  
          Racetrack in San Mateo for commercial and residential  
          development in November 2008, it is necessary to expand the  
          number of racing weeks that can be potentially allocated to a  
          fair or private association in the northern racing zone.   








                                                                  SB 561
                                                                  Page  3

          Without the ability to race those days previously utilized by  
          Bay Meadows Racing Association, thoroughbred racing in the  
          northern California would have to cease for specific days in the  
          racing calendar.

          Currently, Bay Meadows Racetrack runs approximately 100 days of  
          racing per year; it also houses hundreds of horses year-round in  
          its stable area.  Without Bay Meadows, the only major  
          Thoroughbred track in northern California will be Golden Gate  
          Fields in Albany, which is owned by Magna Entertainment and runs  
          approximately 100 days of live racing each year.  It is expected  
          that Golden Gate Fields, the Alameda County Fair and the Sonoma  
          County Fair will have bigger roles in future years as it relates  
          to racing dates and/or the stabling and training of racehorses.   


          There is an abundance of testimony in the legislative record  
          regarding the economic condition of the horseracing industry,  
          and specifically, the direct impact on the allocation of race  
          dates.  The Division of Fairs and Expositions within the  
          Department of Food and Agriculture completed an overall analysis  
          of live horse racing at fairs and concluded among other things,  
          that the activity is extremely important to a fairs financial  
          viability.  

          This bill will give the CHRB the flexibility to allocate race  
          dates in the northern zone in a manner that protects the  
          interests of all who work and race in northern California.   
          There are large questions that need to be answered in  
          California's racing industry relating to its future.  The  
          industry is in the process of identifying what the possibilities  
          are and deciding which ones are realistic and which ones are  
          unrealistic.


           Background  :  Historically, since the advent of pari-mutual  
          wagering in California in 1933, various fairs throughout the  
          state have been allocated racing dates by CHRB to be held in  
          conjunction with their fair dates.  Currently, CHRB allocates  
          racing dates to nine fairs throughout California.  Granting  
          additional flexibility to CHRB and the fairs relating to the  
          allocation of race dates is not a new concept.  AB 3090  
          (Machado), Chapter 741, Statutes of 1996, allows CHRB to  
          allocate horse racing days for combined fair horse racing  
          meetings.  For example, if the CHRB allocates the Solano County  








                                                                  SB 561
                                                                  Page  4

          Fair 10 days of racing and the California Exposition and State  
          Fair 12 days of racing, those two entities can combine their  
          allocated dates and operate 22 days of live racing at either  
          facility. 

           Racing at fairs  :  Today, eight fairs conduct live racing in  
          northern California during the run of its fair.  The northern  
          California fair circuit includes 87 days of Thoroughbred and  
          other breed racing at the following fairs:  San Joaquin County  
          (Stockton); Alameda County (Pleasanton); Solano County  
          (Vallejo); Sonoma County (Santa Rosa); San Mateo County (San  
          Mateo); Humboldt County (Ferndale); California Exposition and  
          State Fair (Sacramento); and the Big Fresno Fair (Fresno).   

           Related legislation  :  AB 3073 (Assembly Governmental  
          Organization Committee) of 2008, allows a fair racing  
          association to conducted racing during a period when general  
          fair activities are not being conducted. (Senate Governmental  
          Organization Committee)
           
          Prior legislation  :  AB 765 (Evans), Chapter 613, Statutes of  
          2007, in addition to reauthorizing Advance Deposit Wagering, the  
          bill allowed 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. 

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Golden Gate Fields
          Santa Anita
           
            Opposition 
           
          None on file









                                                                  SB 561
                                                                  Page  5

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